Maritime Law

1.1 What is it?

Maritime law covers a wide range of activities, including the carriage of goods and passengers by sea, marine insurance, ship registration, and maritime safety. It ensures the smooth operation of maritime activities, protects the rights and interests of parties involved, and regulates conduct on the high seas and inland waterways. **Key Distinctions:** * **Maritime Law vs. Law of the Seas:** The law of the seas is a set of international rules applying to nations on territorial seas. Maritime law is a **private law** that applies to individuals and institutions. * **Admiralty Law:** Maritime law is also known as admiralty law, governing nautical issues arising on navigable waters. **Key Objectives:** 1. Regulation of Shipping Activities: Ensuring safe and efficient shipping operations. 2. Protection of Maritime Interests: Safeguarding the rights and interests of shipowners, cargo owners, and other stakeholders. 3. Maritime Safety: Promoting the safety of ships, crews, and passengers. 4. Environmental Protection: Preventing and mitigating marine pollution.

1.2 Areas covered?

Maritime law encompasses a wide range of legal issues that arise from shipping, navigation, and the use of the sea, drawing from contract, tort, insurance, and environmental law.

Maritime Contracts

Regulating commercial relationships via charterparty agreements, bills of lading, marine insurance contracts, and towage agreements. Governed by the Merchant Shipping Act 2007 and international conventions.

Admiralty Jurisdiction and Procedure

Defining the scope of maritime cases courts can hear, including in rem actions (against a vessel), in personam actions, and the arrest and judicial sale of ships. The Federal High Court holds exclusive jurisdiction.

Alternative Dispute Resolution (ADR)

Utilizing arbitration, mediation, and negotiation, often favored for being faster, confidential, and handled by subject-matter experts. Common arbitration centers include LMAA and LACIAC.

Maritime Labour and Employment

Covering the rights and welfare of seafarers, including contracts, wages, repatriation, and safety standards, governed by the Merchant Shipping Act and the Maritime Labour Convention (MLC).

Maritime Torts and Liability

Addressing civil wrongs like collisions, negligence, cargo damage, and pollution. Liability may be limited by international conventions.

Marine Environmental Protection

Dealing with the control and prevention of marine pollution, including oil spills and waste discharge, implemented through NIMASA and conventions like MARPOL.

1.3 Legal Framework - Key Laws

Constitution of the Federal Republic of Nigeria 1999 (Exclusive Legislative List, Federal High Court jurisdiction).
Merchant Shipping Act 2007 (Principal law on shipping regulation, modernizing standards on registration, safety, and liability).
Nigerian Maritime Administration and Safety Agency (NIMASA) Act 2007 (Establishes NIMASA to enforce international conventions and regulate safety/security).
Admiralty Jurisdiction Act 1991 and Rules (Governs maritime litigation, ship arrest, and enforcement).
Coastal and Inland Shipping (‘Cabotage’) Act of 2003 (Restricts foreign vessels in domestic coastal trade and promotes indigenous tonnage).

1.4 Who are our clients?

Shipping companies and shipowners
Charterers and time/voyage operators
Freight forwarders, clearing & forwarding agents
Terminal & stevedoring operators
Oil & gas service companies and offshore support operators
Insurers and P&I clubs
Financial institutions financing maritime assets

1.6 How can we help?

We provide strategic and practical legal solutions tailored to prevent disputes, ensure compliance, and protect commercial interests.

Alternative Dispute Resolution (ADR)

Resolving disputes through arbitration, mediation, and negotiation (demurrage, cargo damage, charter party disputes).

Contract Drafting and Transactional Support

Drafting, reviewing, and negotiating charter parties, bills of lading, and marine insurance policies.

Regulatory and Compliance Advisory

Guiding clients through compliance with NIMASA, NPA, and customs documentation (vessel registration, cabotage).

Ship Arrest and Release Advisory

Providing advisory support and coordinating with litigation partners during ship arrest matters.

Marine Insurance and Risk Advisory

Advising on marine insurance coverage, liability issues, and risk allocation.

Representation Before Regulatory Authorities

Interfacing with NIMASA, NPA, and other agencies on behalf of clients.

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