Charter Party shipping contract in Bangladesh at 2020: Complete guide

Charter Party shipping contract in Bangladesh at 2020: Complete guide

Charter Party shipping contract in Bangladesh at 2020: A Complete guide

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Tahmidur Rahman, Senior Associate, Counsels Law Partners

2 Jan 2020

Table of Contents

Find the subsections below, If you want to jump through specific sections instead of reading the whole article.

Tahmidur Rahman Maritime Laws Of Bangladesh | Admiralty &Amp; Ship Arrest

This post in details will explain in details about charter party shipping contract in Bangladesh. The Charter Party Shipping Contract is very important for all Admiralty and Maritime personnels, investors and to all those interested in this business. Parties to the Charter Process must be vigilant while drawing up such an agreement. The charter party must represent the interests of the parties and be free from ambiguity and confusion. This article offers an description of the general terms and conditions of the Charter Group Agreement.

What is Charter and Charter Party?

 

In shipping it is often referred to as being on charter when a ship is contracted. The ship’s owner is always referred to as the owner and the charterer is referred to as the one who hires the ship or space thereof. The instrument of agreement is called the “charter party,” generally referred to as C / P.

There are common models for different types of charter developed by various foreign trade organizations and chambers of commerce including the ICC, BIMCO and the Baltic Exchange. C / P is usually drawn by mutual agreement (ship-owner and charterer or their agents) to separate clauses in each of the particular types with special conditions or exception / exemption indicated by lines.

Conventionally there are three major types of charter:

  1. Demise or Bare-boat charter
  2. Time charter
  3. Voyage charter

 

What is a Charter Party Shipping Contract?

 

The charter party is a contract document by which the shipowner agrees to lease, and the charterer agrees to hire, a vessel or all cargo space, or part of it, on the terms and conditions of the charter party.

If this is permitted under the terms of the charter party, the charterer may do so, enter subcontracts with other shippers. If your vessel is chartered, it is of the utmost importance that you read the charter party carefully, in particular the added clauses, until it is fully understood. It is advisable for the officers to read it as a matter of information and instruction, and it will do no harm to discuss it with them, in particular with the Chief Officer.

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Types of Charter Parties in a shipping contract in  Bangladesh

 

Bare Charter or Demise:

 

Charter of the Bareboat Party. The shipowner, by this type of charter
Leases his entire vessel, and the charterer is responsible for
Operating it as if it were his own vessel. 

The charterer operates the vessel (in lawful trade) in a manner as if s/he is the owner. The charterer can even put his/ her own marking on the funnel.

However, the charterer can not raise any cash / finance against the ship because he / she is still not the owner of the ship. Some countries also allow the registration of a ship under bare-boat charter for the charter period or if the C / P leads to the eventual sale of the ship to the charterer.

However, the C / P must have a clause allowing the charterer to register a ship under a different flag for the charter period. Obviously, the administration of the bare-boat registry will seek the consent of the primary registry before the vessel is registered under the bare-boat registry. (Charter Shipping contract in bangladesh)

 

Time Charter:

The ship is chartered for a specific period , say about six months to one year, at a fixed rate (usually a daily rate) with the option of extending the period to complete the voyage. The Charter may be renewed or extended for a further period of time on mutual consent.

Charter hire is usually paid in advance, say about 15 or 30 days at a time. The owner keeps the master and the crew and keeps paying their wages.

The owner continues to pay for the insurance (hull and machinery and crew P&I). The charterer may take advantage of the P&I coverage for freight or other claims. There are special P&I charter clubs to provide coverage of the charterer ‘s requirements. (Charter Shipping contract in bangladesh)

Voyage Charter:

It is, in fact, an agreement between the owner (carrier) and the charterer (shipper) to transport a certain quantity of cargo from point A to point B at the agreed rate of freight per ton. It usually refers to a quantity with a + /-2 per cent option for either party.

The ship will serve the “Notice of Readiness” upon arrival at the loading port when it is ready for loading. If it is on liner terms, the owner (carrier) uses stevedores at both ends and pays for them.

However, the charterer must deliver the cargo to the loading hook and away from the hook at the discharge port. In most travel charters, however, loading and unloading is done by the charterer. (Charter Party Shipping contract in bangladesh)

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What are the terms to be present in a Charter Party Shipping Contract?

 

If applicable, these are the terms that should be present in a Charter Party shipping contract.

  • Name of the Vessel: The name must be mentioned in the Charter Shipping contract.                
  • Charter Period: The period of the voyag
  • Lay days/Cancelling: This term must include the Commencement date of the  voyage and the Cancelling date. 
  • Place of Delivery: The port of destination must be mentioned here. 
  • Cargo history: The previous history of the cargo need to mention before the  voyage starts.
  • Place of Re delivery: if applicable
  •  Bunkers on Delivery and Re delivery: if applicable
  • Rate of Hire: The rate of hire and the overtime hire rate must be mentioned in the Charter Party Shipping contract in bangladesh.
  •  Owners’ Payment Details: Owner’s bank details must be provided.
  •  Bunker Specifications: A detailed specification of the bunker must be provided.
  • Product description: A detailed description of the products along with the amount of products
  • Trading Limits: The limits of the voyage must be clearly mentioned so that the vessel does not depart from the original route.
  • Additional Clauses: Any other additional clauses as demanded by the ship owner or the investors in a Charter Party Shipping contract in bangladesh.
Charter Shipping Contract In Bangladesh_Contract Terms Bangladesh

Additional clauses that also should be present in a shipping contract in  Bangladesh

  1. SPEED OF THE VESSEL: Permitted speed of the vessel along with route must be inserted in the Charter Party Agreement.
  2. CARGOES: Permitted items as well as the capacity of the items in cargo must be mentioned. The consequences of carrying illegal items in the cargo should also be declared.
  3. Payment: It must be mentioned when the payment must be made and also when the advanced payment has to be made. The consequence of failure to pay must also be mentioned.
  4. OWNERS’ OBLIGATIONS: A detailed list of the obligations of the shipowner must be mentioned.

  5. CHARTERER’S OBLIGATIONS: A detailed list of the obligations of the charterer must be mentioned.

Additional terms in a Shipping contract in Bangladesh

 

  1. MASTER AND CREW: The powers, rights and obligations of the master and crew.

     

  2. LIEN: It must be noted that all freight, hire, sub-hire, freight and sub-freights shall be liable to the Owners for any amounts owed by the Charterers.

     

  3. PERFORMANCE OF VESSEL: Owners warrant that the vessel is and remains capable of maintaining, throughout the Charter period, speeds and bunker consumption for propulsion under normal working conditions and in moderate weather conditions.
  4. OFF-HIRE: It must be mentioned that the Vessel shall be off hire on each and every occasion that there is a loss of time arising out of or In connection with the Vessel being unable to comply with Charterers’ instructions (whether by way of interruption or reduction in the Vessel’s services, or in any other manner).
  5. SUB-LET: Charterers will not sub-let the Vessel without prior written permission from the Owner.
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Further Important Terms of shipping contract in Bangladesh

  1. VESSEL/CARGO INSPECTIONS/BUNKER SURVEYS: 

    It must be noted that charterers are entitled, at their own time and expense, to cause their representative (which includes any independent surveyor appointed by charterers) to carry out inspections of the vessel and/or to observe the cargo operations and/or to ascertain the quantity and quality of the cargo, water and residues on board, including the collection of cargo samples, inspection and copying.

     

  2. OUTBREAK OF WAR:

    Either party should be allowed to cancel the Agreement on the outbreak of war or hostilities during the period of the Charter Party.

  3. DAMAGE:

    It has to be clarified who bears responsibility in the event of accident, danger, damage or disaster before or after the commencement of the voyage.

     

  4. LAW:

    It must be mentioned which law governs the Charter Party Agreement and where the dispute will be resolved.

Charter Shipping Contract In Bangladesh_Best Law Firm In Dhaka

Frequently Asked Questions about Charter Shipping contract in bangladesh

In regards to Charter Shipping contract in bangladesh people also ask these questions frequently, hence this FAQ content block is dedicated to answering your questions.

General Questions about Charter Shipping contract in bangladesh

What is charter party in shipping?

Charter party, contract by which the owner of a ship allows it to be used by others for the transport of a cargo. The shipowner continues to control the navigation and management of the vessel, but the charterer is responsible for its carrying capacity.

Is Charter Party a contract of carriage?

A charter party (sometimes a charter party) is a maritime contract between a shipowner and a charterer to hire either a passenger ship or a cargo ship or a pleasure yacht. The charter party is a contract for the transport of goods in the case of the employment of a tramp.

What are the types of Charter Parties?

There are three major types of charter parties: i) Voyage charter parties, ii) time parties, iii) bare boat parties.

What are the basic terms of a voyage charter party?
  • expected date of readiness to load
  • identity of parties
  • identity of vessel
  • warranty of seaworthiness 
  • present position of vessel 
  • obligation to proceed to loading port or place
  • identity of and safety of loading port or place
  • amount and nature of cargo to be loaded
What are the differences between voyage and time charter party?

A voyage charter is to hire a vessel and a crew to move between a load port and a discharge port. Time charter is the hiring of a vessel for a fixed period of time; the owner still owns the vessel, but the charterer chooses the ports and guides the vessel where to go.

What is the difference between Charter party Bill of Lading and Marine Bill of lading?

Differences Between the Charter Party Bill of Lading and the Marine Bill of Lading: Charter Party Bill of Lading includes a rule specifying that it is subject to a Charter Party. The Marine bill of charge does not contain such a clause or a similar wording.

How to find the Charter party in a bill of lading?

Charter party bill of lading is another form of bill of lading used in the maritime mode of transport. If a shipper or group of shippers arranges for their goods to be chartered to their final destination, a vessel shall be chartered. This chartered vessel is intended to carry the goods solely for certain shippers or shippers.

What is Laytime in Charter Shipping contract?

Legislation can be specified as the amount of time permitted for a ship in a charter for the loading and unloading of cargo at a port. If the ship fails to complete the work within this allocated time and the ship is forced to remain at the port for a longer period of time, then the ship owner will be liable to demolition (fine).

What is freight payable in a Charter party?

“Freight” means the remuneration owed by the charterers to the owners for the performance of the contract. In the contract, it may be referred to as charter party freight. “Freight” is always payable in part in advance under the terms of the charter party, e.g. on loading or on the issue of bills of lading.

Charter Party Shipping Contract at CLP:

The legal team of Counsels Law Partners CLP are highly experienced in providing all kinds of services related to Admiralty and Maritime legal services. For queries or legal assistance, please reach us at:

E-mail: tahmidur@counselslaw.com
Phone: +8801727983838

Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan 1, Dhaka

 

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Maritime Laws of Bangladesh | Admiralty & Ship Arrest

Maritime Laws of Bangladesh | Admiralty & Ship Arrest

Maritime Laws of Bangladesh | Admiralty & Ship Arrest | A complete overview of Admiralty Law in Bangladesh

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Tahmidur Rahman, Senior Associate, Counsels Law Partners

12 Aug 2019

Table of Contents

Find the subsections below, If you want to jump through specific sections instead of reading the whole article.

Tahmidur Rahman|Clp- Law Firm In Dhaka

This post in details will explain Maritime Laws of Bangladesh | Admiralty & Ship Arrest, and Everything about Admiralty and Maritime law in Bangladesh that you need to know and be aware of.

 

What is Maritime or Admiralty Law? 

Maritime or Admiralty law deals with marine issues and private maritime disputes. The Chief Marine Officer Law Office consists of both national law on naval operations and private international law governing against independent individuals and ocean-going ships working or eating. While each legitimate locale usually has its own enactment overseeing maritime issues, significant advances in universal maritime law, including various multilateral treaties, may be recognized by the Law of the Sea, which is a group of open global laws managing navigational rights, mineral rights, waterfront jurisdiction, and maritime links between countries.The United Nations Convention on the Law of the Sea (UNCLOS) was adopted by 167 countries and the European Union, and discussions are settled at the ITLOS court in Hamburg. 

Maritime or Admiralty Law in Bangladesh

 

The Admiralty Law of the Country is mainly governed by Admiralty Act of 2000. The law on admiralty and maritime affairs can be traced back to the Law of the Admiralty Courts of 1840. The Act was subsequently drawn up by the Admiralty Court Act, 1861, the Courts of Admiralty Act, 1891 and the Admiralty Rules of 1912. Now in Bangladesh, the Admiralty Courts Act 2000 deals with all issues related to Admiralty. (Maritime Laws of Bangladesh | Admiralty & Ship Arrest)

Admiralty Court in Bangladesh

The High Court Division of Supreme Court of Bangladesh has an original jurisdiction to deal with the cases of admiralty. It extends to ships or vesselsanchored at any port of Bangladeshi. 

The Admiralty Court shall have jurisdiction in regards to Maritime Laws of Bangladesh | Admiralty & Ship Arrest | to hear and determine any question or claim in relation to:

  • (a) the possession or ownership of a ship;
  • (b) any question raised by the co-owners of a ship as to the possession, employment or income of that ship;
  • (c) any claim in respect of a mortgage or charge on a ship or any share thereof;
  • (d) any claim for damages made by a ship;
  • (e) any claim for damages made by a ship;
  • (f) any claim for loss of life or personal injury sustained in consequence of any defect in a ship
  • (g) any claim for loss of or damage to goods carried in a ship;
  • (h) any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship;
  • (i)  any claim in the nature of salvage of life from a ship
  • (j) any claim in respect of towage of a ship or an aircraft;
  • (k) any claim for forfeiture or condemnation of a ship or of goods

     

     

Mode of exercise:

The admiralty jurisdiction of High Court Divisionmay be exercised in personamandaction in rem with some conditions.The Admiralty Jurisdiction of the High Court Division as the Court of Admiralty may be exercised through an action in rem against the ship, aircraft or property.

Institution of Suit :An action or a suit before the High Court Division shall be instituted by a plaint drawn up, subscribed and verified  according to the Code of Civil Procedure, 1908. As per section 7 of Admiralty Act 2000, the maximum court fee for Admiralty suits is Taka.1, 00,000 (One Lac), except the claims by the master or seamen for wages earned on board. (Maritime Laws of Bangladesh | Admiralty & Ship Arrest)

Maritime Law In Bangladesh

 

Overview of Ship Arrest in Bangladesh

 

Bangladesh is one of the most advantageous arrest jurisdictions for reasons such as, for example, Bangladesh is not a signatory to any arrest convention, the ship can be arrested in rem, the vessel can be arrested in person, the ship can be arrested for security, the ship can be attached even after the loss of navigability, the ship can be arrested for maritime ties as well as for maritime claims.

 

P & I club LIU / LOI is not accepted for release of the vessel and the vessel is released upon furnishing of the bank guarantee. The High Court Division of the Supreme Court of Bangladesh exercises Admiralty Jurisdiction under the Law of the Admiralty Court, 2000 and the Rules of Admiralty, 1912. Admiralty Rules provide that a warrant for the arrest of property may be issued in the case of either the plaintiff or the defendant at any time after the suit has been brought, but no warrant for the arrest shall be issued until an affidavit has been filed by the party or its agent and the following provisions have been complied with:-

 

  1. The affidavit shall state the name and description of the party at whose instance the warrant to be issued, the nature of claim or counter-claim, the name and nature of the property to be arrested, and that the claim or counter-claim has not been satisfied.
  2. In a suit of distribution of salvage the affidavit shall state the amount of the salvage money awarded or agreed to be accepted, and the name, address and description of the party holding the same

(Maritime Laws of Bangladesh | Admiralty & Ship Arrest)

Process of Application for Arrest of Ship in Bangladesh

 

In order to file an application for the arrest of a ship, the applicant must initiate a suit by paying Tk. 1.00000.00 as the fee of the Court. In a suit for wages Tk is charged by the Court. 100.00 is required to be paid for. The plaint along with the documents is to be filed in the section / office of the Court and the application for arrest of the ship is filed in the Court. Usually, the application comes up in the Daily Cause List of the court on the following working day. However, if the Court is satisfied with urgency of the matter it prepares a supplementary cause list and hears the matter on the same day. If prima facie case in made out in support of the claim the Court Admits the suit and directs issuance of summons. Thereafter, the application for arrest is heard and if the court is prima facie satisfied about the merit of the application it passes an order for arrest of the ship for security of the claim amount. An application for arrest of ship is heard ex-parte unless a caveat has been filed by the defendants. The order for arrest of ship is served upon the defendants by the Marshal of the Court on receipt of fee and charge paid by the claimant. Likewise, cargo on board or any property belonging to any party can also be arrested by the Admiralty Court.

 

How ‘Tahmidur Rahman & Counsels Law Partners Associates’ helps in regards to Admiralty related issues in Bangladesh

 

Tahmidur Rahman-“Counsels Law Partners handle a wide range of wet shipping issues in the ports of Dhaka, Chittagong and Khulna for both domestic and global customers, including ship owners, ship agents, P&I clubs, lenders, charterers and freight intrigues, together with their safety net providers. In addition, the company discussed the exchange of affiliations and different suppliers of freight forwarders to the maritime administrations. The firm has dealt with a range of load debates, including various issues, such as mass oil, grain and containerized products. In addition, the firm has some expertise in adjacent maritime links and universal expressions and laws. (Maritime Laws of Bangladesh | Admiralty & Ship Arrest)”

 

Maritime Shipping Law In Bangladesh 1

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Revocation of Order of Ship Arrest in Bangladesh

The arrest warrant may be vacated by the same court on the basis of an application filed by the defendant on the ground that the ship was wrongly arrested and the defendants may also file an application for a reduction in the quantity of safety, but hearing such an application takes 1 or 2 weeks. This kind of application is not generally advised when the ship is in a hurry. A ship shall be released from arrest on the deposit of the amount of the claim in the Court or on the furnishing of a local bank guarantee. The P&I Club LOU is not accepted in Bangladesh. Upon release of the ship upon furnishing of the bank guarantee, an application for a reduction of the bank guarantee may also be moved by the defendants, and, if allowed, a revised Bank guarantee would be furnished. The release order is also served by the Marshal upon receipt of Marshal’s  fee.

If the ship has not gotten released by the defendants, the plaintiff can pray for sale of the ship pendente lite and the Court sells the ship through auction and keeps the proceeds with the Marshal which is paid to the plaintiff if the suit is decreed in his favour. If there is more than one claimant and the proceeds cannot satisfy the claims, the Court applies the English Law of priorities. (Maritime Laws of Bangladesh | Admiralty & Ship Arrest)

International Conventions Applicable to Bangladesh Maritime Law

Neither the International Convention relating to Arrest of Seagoing Ship 1952 nor the International Convention of the Arrest of Ships1999 have been ratified by Bangladesh.

Other ways to arrest a ship in Bangladesh Jurisdiction of Admiralty Law

The ship may also be arrested by the applicant in the event of an order passed by the High Court Division or a judgment handed down by a foreign court against the owner of the ship. A ship may also be attached to a suit in person before a judgment is made. A ship may be attached to a suit in rem if it is beached for scrap before the suit is put in place. Under the Bangladesh Merchant Shipping Ordinance (MSO) 1983, the Principal Officer of the Mercantile Marine Department may detain an unseaworthy vessel. Under the MSO, the High Court Division may detain a foreign ship for damages caused in any part of the word to the Government of Bangladesh or any Bangladeshi citizen or company and to the Principal Officer or Collector of Customs can detain a ship before such application has been made to the High Court Division. Under the Regulations for Working of Chittagong Port (Cargo and Container) 2001the Chittagong Port Authority can detain a vessel until security has been given for the amount of damage caused and the Cost involved in removing the blockade of navigational channel or the total amount is paid.

Are there any alternatives e.g. saisie conservatoire or freezing order in Bangladesh Maritime Law?

There is no separate freezing order other than arrest of a ship in an Admiralty proceeding or in an execution proceeding to enforce a decree. However, an application for injunction to restrain a party from scrapping or removing a vessel can be passed by the Court.

 

Maritime Laws Of Bangladesh Admiralty Ship Arrest Law Firm Dhaka Bangladesh

Claims through which you can arrest a ship in Bangladesh according to Bangladesh Maritime Law:

 

A ship may be arrested in an action for any of the following claims:

 

  • Any claim to the possession or ownership of a ship or to the ownership of any share or to the collection of documents of title and ownership of a ship, including a certificate of registration, a log book and the certificates that may be necessary for the operation or navigation of a ship;
  • Any question arising between the co-owners of a ship as to possession, employment or income of that ship;
  • Any claim in respect of a mortgage of or charge on a ship or any share therein;
  • Any claim for damage done by a ship;
  • Any claim for damage received by a ship;
  • Any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or of the wrongful act, neglect or default of the owners, charterer or persons in possession or control of a ship or of the master or crew thereof or any other persons for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of ship are responsible, being an act, neglect or default in the navigation or management of the ship, in the loading, carriage or discharge of goods on, in or from the ship or in the embarkation, carriage or disembarkation of persons on, in or from the ship;
  • Any claim for loss of or damage to goods carried in a ship;
  • Any claim arising out of any agreement relating to the carriage of goods in a ship or to the use or hire of a ship;
  • Any claim in the nature of salvage of life from a ship or cargo or any property on board a ship or the ship itself or its apparel, whether services were rendered on the high sea or within territorial waters or inland waters or in a port, including any claim arising by virtue of the application by or under section 12 of the Civil Aviation Ordinance, 1960, (Ordinance XXXII of 1960) of the law relation to salvage to aircraft and their apparel and cargo;
  • Any claim in respect of towage of a ship or an aircraft;
  • Any claim in respect of pilotage of a ship or an aircraft;
  • Any claim in respect of goods or materials supplied to a ship for her operation or maintenance;
  • Any claim in respect of construction, repair or equipment of a ship or dock charges or dues;
  • Any claim for wages by a master or member of the crew of a ship or any claim for any money or property recoverable as wages of master or member of the crew under the Merchant Shipping Ordinance, 1983, or in the Court;
  • Any claim for disbursements made on account of or for the purpose of a ship by the Master, shipper, charterer or agent of the ship;
  • Any claim arising out of an act which is or is claimed to be a general average act;
  • Any claim arising out of bottomry or respondentia;
  • Any claim for forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried, or for the restoration of a ship or any such goods  after seizure, or for droits of admiralty together with any other jurisdiction to grant reliefs as are provided under the provisions of the Merchant Shipping Ordinance.

Is a ship arrest possible without discriminating its flag?

 

Any ship could be arrested irrespective of its flag if it’s within the jurisdiction of Bangladesh Admiralty or Bangladesh Maritime Law. (Maritime Laws of Bangladesh | Admiralty & Ship Arrest)

Is a ship arrest possible irrespectively of the debtor?

 

As long as the claim gives rise to an action  in rem, even if the ship belongs to a Foreign State the ship  would be arrested. But the ships belonging to the Government of Bangladesh, Bangladesh Army, Bangladesh Navy, Bangladesh Air Force, Bangladesh Rifles, Bangladesh Police and Coast Guard are indemnified.

 

 Can a Sister ship or a ship in association be arrested in Bangladesh according to the Maritime law?

A sister ship can be arrested. But a ship in associated ownership (sister company ship) cannot be arrested.

 

Can Bareboat and Time-Chartered vessels be arrested according to Bangladesh Maritime Law?

If the ship is on bareboat charter, it can be arrested and if it is on time charter it cannot be subjected to  arrest.

Does Bangladesh Maritime Court require counter-security in order to arrest a ship?

Counter-security is not required to be provided at the time the Court orders a ship to be arrested. However, the Code of Civil Procedure provides that where, at any stage of the case, it appears to the Court that the sole plaintiff is, or (where there are more than one plaintiff) that all the plaintiffs reside outside Bangladesh and that the plaintiff is not, or that none of the plaintiffs possesses, in Bangladesh, sufficient immovable property other than the property in suit, the Court may, either of its own  motion or on the application of any defendant, order the plaintiff or plaintiffs, within a time fixed by it, to     give security for the payment of all costs incurred and likely to be incurred by any defendant.

 

Is there any difference in respect to arresting a ship for a maritime claim and a maritime lien accoring to the Maritime Law in Bangladesh?

 

If the plaintiff’s claim is a maritime lien, the claim survives notwithstanding the change in ownership of a ship and the ship can be subjected to arrest. If the claim is a maritime claim and not a maritime lien the ship cannot be arrested if, before filing of the suit, ownership of the ship has changed.

Does Bangladesh Maritime Law recognise maritime liens? Under which International Convention, if any?

 

Sections 477 and 478 of the MSO recognize maritime liens to the Seaman’s wages and the Master’s wages respectively. No other statute recognizes maritime liens. However, Court follows English law of maritime liens.

What lapse of time is required in order to arrest a ship from the moment the file arrives to Tahmidur Rahman| Counsels Law Partners?

 

After receipt of file/documents along with Power of Attorney, a minimum of 2 days or 48 hours are required to obtain an order of arrest.

Does the aggrieved party need to provide a POA (Power of Attorney) or any other documents of the claim to the Admiralty Court of Bangladesh?

Power of Attorney executed by the client, notarized and attested by the Bangladesh High Commission in   the plaintiff’s country is required to be filed along with other documents to prove the claim. But the Court permits to file suit by dint of the scanned copy of the Power of Attorney subject to filing the original after authentication by the Ministry of Foreign Affairs and payment of stamp duty.

What original documents are required? What documents can be filed electronically and what documents require notarisation and/or apostille? And, when are they needed?

 

All documents in support of the claim along with correspondence between the parties are required to be   filed at the time of filling the suit and application for arrest. Original documents are required to be filed at    the time of trial.

Will Bangladeshi Courts accept jurisdiction over the substantive claim once a vessel has been arrested?

 

Court usually accepts jurisdiction over the substantive claim once the vessel has been arrested. However, the Court may refrain from adjudicating the substantive claim if any agreement of jurisdiction stipulates for foreign jurisdiction. In case of pendency of maritime arbitration, court maintains the arrest order for the purpose of security and stays the substantive suit.

 

 

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“All documents in support of the claim along with correspondence between the parties are required to be   filed at the time of filling the suit and application for arrest. Original documents are required to be filed at    the time of trial.” (Maritime Laws of Bangladesh | Admiralty & Ship Arrest)

Best Shipping Investment It Law Firm In Dhaka Bangladesh Tahmidur Rahman 1

Maritime and Admiralty Legal Services Offered by reputed law firms in Bangladesh like Counsels Law Partners

 

Prominent law firms in Dhaka Bangladesh regularly engage in maritime business to assist their clients with their extensive experience in the field of wet and dry shipping. Under Dry Delivery Work, the firm deals with disputes relating to contract of claims under marine protection or insurance policies, cargo or freight claims, capture of ships or arrest of ships, Ship registration, purchase and transfer of title and possession in Ships, Shipbuilding Contracts, Sale and Purchase of Second-hand Tonnage Contract, Arbitration in connection with various transport related Contracts The company spoke to the bearer, the shipper, the bank, the sailor and the director, the P & I Club and, furthermore, the owner of the ship at a high rate of achievement.  

Bangladesh Government urges overseas shipowners to enlist their vessels under the Bangladesh Flag. Government has established easy-going principles and guidelines for the advancement of shipping areas. CLP lawyer is in the process of providing assistance and advice and will help to avoid either litigation or infringements of state law to ensure the best possible outcome for their client and help ship owners to register their vessels with the Principal Officer-Mercantile Marine Department (POMMD), Chittagong through Bangladesh Inland Water and the BIWTA Transport Authority.

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Mergers and Acquisitions process | A complete overview with 14 simple steps

Mergers and Acquisitions in Bangladesh: A Complete guide with 14 stepsTahmidur Rahman Director and Senior Associate, Counsels Law Partners27 Dec 2019Our clients profit from a leading global M&A practice that has worked on more M&A transactions than any other...

NGO and INGO Registration Procedure in Bangladesh

NGO registration in Bangladesh- A complete guide in 2020- Everything you need to knowTahmidur Rahman, Senior Associate, Counsels Law Partners2 Jan 2020This post in details will explain in details about NGO and INGO registration in Bangladesh, the timeline, the...

Charter Party shipping contract in Bangladesh at 2020: Complete guide

Charter Party shipping contract in Bangladesh at 2020: A Complete guideTahmidur Rahman, Senior Associate, Counsels Law Partners2 Jan 2020Table of Contents Find the subsections below, If you want to jump through specific sections instead of reading the whole...

Liquidation or Winding up a company in Bangladesh | Everything you need to know

Liquidation or Winding up a company in Bangladesh | Solvency declarance, Board meeting, declaration filings| Everything you need to know.Tahmidur Rahman, Director and Senior Associate12 Nov 2019This post in will explain in details about the process of Liquidation or...

Branch office registration in Bangladesh | Step by step process of setting up a branch company

Branch office registration in Bangladesh | Step by step process of setting up a branch company in BangladeshTahmidur Rahman, Director and Senior Associate11 Nov 2019This post in will explain in details about Branch office registration in Bangladesh - This article will...

Immigration and Citizenship laws of Bangladesh | Work permit and All visas

Immigration and Citizenship in Bangladesh| All types of visas, work permits and everything  you need to know.Tahmidur Rahman, Director and Senior Associate20 Oct 2019Immigration and Citizenship in Bangladesh- This post in will explain in details the  Immigration Law...

Defamation law in Bangladesh| Offence and Remedies

Defamation Law in Bangladesh and regarding its offences and remedies| Everything you need to knowTahmidur Rahman, Director and Senior Associate20 Oct 2019This post in will explain in details the Defamation Law in Bangladesh - offences and remedies, everything about...
Procedure Of Foreign Investment In Bangladesh | Law, Policy, Direct, Angel, Rules, Policy- Everything You Need To Know In 21St Century

Procedure of Foreign Investment in Bangladesh | Law, Policy, Direct, Angel, Rules, Policy- Everything you need to know in 21st century

Procedure of Foreign Investment in Bangladesh 2020| Law, Policy, Direct, Angel, Rules, Policy- Everything you need to know about Foreign Investment in 21st century BangladeshTahmidur Rahman Director and Senior Associate, Counsels Law Partners17 Jan 2020Procedure of...

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