Bills of Lading (B/L)
Along with time charter party documentation, bills of lading (B/L) constitute an important form of documentary evidence for maritime transport of goods. Related legal issues concern a large number of diverse matters such as classification of bills of lading (B/L), transfer by endorsement, time bar, point of time in delivery of cargo, bank guarantee and unknown clause, etc.
Cargo Claims (including subrogation claim by the marine cargo insurance policy holder)
We handle a wide array of cargo claims. Sometimes, representing the cargo interests such as marine cargo insurance policy holders, we have pursued claims against domestic and overseas shipping companies and have arrested vessels owned by such shipping companies calling at a Korean port to preserve the relevant claims. However, in most cases of cargo claims, we have represented the domestic and foreign ship owners and P&I Club, and defended their interests based on (1) claused B/L, (2) “Said to Contain” clause, (3) “CY to CY” clause and (4) “Identity of Carrier” clause (e.g. not identified as a carrier).
Charter Party Dispute
We have successfully represented our clients in countless disputes pertaining to various issues (assignment of hire claims, off-hire, repudiatory breach and anti-technicality notice, etc.) arising under bareboat charter, finance lease agreement, time charter and voyage charter, etc.
Hull & Machinery Insurance Cases
We have provided legal advice relating to insurance claims based on the grounding or sinking of vessels during voyage and have represented a number of domestic and overseas hull & machinery insurers in relation to claims filed for hull & machinery insurance proceeds. In connection with such cases, we have successfully handled cases by actively asserting and proving that, among other things, the claimants (1) violated the implied warranty of seaworthiness in reference to the relevant vessel classification, etc. or (2) intentionally stranded the vessel and caused it to sink. As a result of asserting such defences, hull & machinery insurers were exempted from liability in many cases.
There are two major types of vessel arrest. The first deals with imposing a provisional attachment on a vessel pursuant to a general commercial claim against the shipowner. The second pertains to (1) arresting a vessel pursuant to a mortgage or a maritime lien over such vessel, regardless of whether the owner and the obligor are identical and (2) applying for a judicial auction.
Our firm has provided legal advice to overseas clients with respect to (1) vessel arrest procedures under Korean law and (2) whether a particular claim constitutes a maritime lien. We have handled thousands of cases in domestic and foreign courts relating to provisional attachments and judicial auctions of vessels.
Casualty Cases–Collision/Oil Pollution/General Average/Abduction, etc.
We have mainly represented shipowners, P&I Club and IOPC fund with respect to casualty accidents such as vessel collisions, oil pollution, vessel abductions and general average, etc caused by risks from sea. Recently, we have represented the shipowner of the crane barge in the case known as the largest oil pollution accident in Asia (case involving MV Hebei Spirit collision with Crane Barge called Samsung No 1). We provided a full range of professional service on issues pertaining to oil pollution, clean-up procedures, limitation of liability procedures and criminal litigation, etc.