Droit maritime

Clyde & Co offre un service complet de solutions juridiques à des clients maritimes partout dans le monde.

Conseils juridiques de spécialistes du secteur

Nos avocats spécialisés en droit maritime sont situés dans plus de 25 bureaux sur 5 continents et offrent des conseils détaillés et axés sur le commerce dans tous les fuseaux horaires.

Nos 80 années d’expérience dans le marché maritime font de nous l’un des plus anciens cabinets spécialisés en droit maritime dans le monde. Cela nous permet de regarder vers l’avant pour aider nos clients à réagir aux changements fondamentaux dans une réalité de plus en plus difficile sur les plans géopolitique et réglementaire.

Nous aidons nos clients à croître, à se diversifier et à s’adapter, quel que soit le projet ou le lieu, et représentons fièrement toute entreprise engagée dans le transport et les projets maritimes partout dans le monde.

Nous travaillons étroitement avec nos équipes spécialisées en assurance, en commerce et en énergie afin de fournir un soutien intersectoriel pionnier sur le marché à ceux qui dépendent du transport maritime, qui le soutiennent ou qui le facilitent.

Notre travail dans le secteur maritime

  • Tout
  • Afrique
  • Amérique du Nord
  • Amérique latine
  • Asie-Pacifique
  • Moyen-Orient
  • Royaume-Uni et Europe
  • Sovereign Fund of Egypt on the USD 2 billion sale of state-held stakes in five EGX-listed companies

    Advising the Sovereign Fund of Egypt on the USD 2 billion sale of state-held stakes in five EGX-listed companies including Commercial International Bank (CIB) and Fawry, and state-owned Abu Qir Fertilizers and Chemicals Company (AFC), Misr Fertilizers Production Company (MOPCO), and Alexandria Container & Cargo Handling to Abu Dhabi sovereign wealth fund, ADQ.

    Égypte

    Contract for a prototype vessel

    Advising on a contract for a prototype double-acting arctic container vessel for MMC Norilsk Nickel.

    Russian Federation

    JV and $1.6bn financing of five LNG ice class vessels for long term charter to Yamal LNG

    Advising Dynagas on its joint venture with Sinochem and China LNG for the $1.6bn financing of five Arc 7 ice breaking LNG carriers for the Yamal LNG project.

    United States

    Purchase of a UK headquartered group with operations in the UK, Germany, Poland and Australia

    Purchase of a UK headquartered group with operations in the UK, Germany, Poland and Australia in the business of developing and licensing point of sale and reservations software used in the cruise ship industry by a Singapore subsidiary of Schulte Group from multiple shareholders.

    United Kingdom

    Sale and charter back transaction

    Acting for a significant container ship owner in a large sale and charter back transaction involving complex French tax leases, chartering structures and second ranking security for investor groups.

    France

    Split and hive-down of the "trenching" and "cable laying" business

    Advising on the split and hive-down of the "trenching" and "cable laying" business and assets of Deepocean 1 UK Limited into two newly incorporated subsidiaries, Enshore Subsea Limited and DeepOcean Subsea Cables Limited.

    United Kingdom

    Ukrainian JV Vehicle

    Advising P&O Maritime BV in relation to purchasing 51% of the shares in joint venture vehicle entered into with TIS Group to provide vessel towing services in Ukraine.

    Ukraine

    $21.5 million carrier vessel acquisition

    Assisting Anglo International Shipping Group Limited with their successful bid for the USD$21.5 million acquisition of Ten Jin Maru, a bulk carrier vessel.

    United Kingdom

    Sale of a $1.4 billion global bunker trading business

    A hybrid asset and share sale of a group of companies with an annual turnover of circa £1bn, involving 10 jurisdictions and a complex IP position.

    United Kingdom

    Administration of Speedferries Limited

    Securing the release of a fast ferry from arrest in France via applications in both English and French courts, and dealing with various claims to rights of ownership over the vessel during an administration, including selling the vessel through judicial sale in the admiralty court.

    France
  • Sovereign Fund of Egypt on the USD 2 billion sale of state-held stakes in five EGX-listed companies

    Advising the Sovereign Fund of Egypt on the USD 2 billion sale of state-held stakes in five EGX-listed companies including Commercial International Bank (CIB) and Fawry, and state-owned Abu Qir Fertilizers and Chemicals Company (AFC), Misr Fertilizers Production Company (MOPCO), and Alexandria Container & Cargo Handling to Abu Dhabi sovereign wealth fund, ADQ.

    Égypte

    LNG time charters

    Advising Union Fenosa Gas, a Spanish Utilities company, on the prospects of reducing their shipping costs in relation to two LNG time charters in respect of two LNG vessels which had been idle since a drop in the market, caused by a stop in clients' gas supply in Egypt, due to the supplier's default.

    Égypte

    Total loss of the Kiani Situ

    Advising cargo insurers after a bulk carrier ran aground with a cargo of rice. The vessel was refloated but it was not possible to bring it to port due to damage to the hull and the vessel subsequently sank

    South Africa

    Coverage advice to Cargo Insurers in relation to loss/ seizure in West Africa

    Advising cargo insurers on coverage issues arising in relation to claims by the insured for loss/seizure/misappropriation of rice and veg oil cargoes in West Africa

    Côte d’Ivoire

    Potential sanctions breach chartering Libyan crude oil

    Advising an owner in relation to a voyage order from charterers to load a crude oil cargo out of Libya, including as to whether the owner could comply with the voyage order without being in breach of sanctions

    Libya

    Hijacking charter hire dispute

    Advising an agricultural company on a charter hire dispute following the hijacking of a vessel by pirates near Somalia, saving our client over USD 3 million

    Somalia

    Sinking the MSC Napoli and the loss of over 2000 containers

    Advising on the MSC Napoli, a container vessel which suffered structural damage whilst on a voyage from Northwest Europe to South Africa laden with approximately 2,600 containers

    South Africa
  • JV and $1.6bn financing of five LNG ice class vessels for long term charter to Yamal LNG

    Advising Dynagas on its joint venture with Sinochem and China LNG for the $1.6bn financing of five Arc 7 ice breaking LNG carriers for the Yamal LNG project.

    United States

    Shipbuilding contracts for two shuttle tankers

    Advising owners on a shipbuilding contract and time charter of two shuttle tankers under construction for employment in Brazil

    Brésil

    Floating unit collision USD 20 million claim

    Acting for an insurer in relation to the P-XXV case involving a USD 20 million claim by a Brazilian insured for loss and damage following the collision of a floating unit

    Brésil

    MSC NAPOLI structural damage

    Advising on a container vessel which suffered structural damage whilst on a voyage from Northwest Europe to South Africa laden with approximately 2,600 containers
    Advising owners in relation to longterm time charters for a series of newbuild 1000teu container ships

    United States

    US defence contractor property damage and business interruption dispute

    Advising and conducting defence of major reinsurance carrier in reinsurance dispute (Bermuda Form arbitration) with US defence contractor in relation to USD 1 billion property damage and business interruption claim following damage to its Gulf Coast shipyards and 15 US naval vessels under construction caused by Hurricane Katrina

    United States

    Acquiring tonnage with a syndicated credit facility

    Advising on the acquisition of both newbuild and second hand tonnage, which involved a large syndicated credit facility for a shipping company backed by a private equity fund, providing advice on the security documentation and advising on completion of a series of closings on sale and purchase transactions

    United States

    Salvage of Golden Seas

    Acting for owners and their P&I Club in the USD 4 million salvage of the vessel off Alaska, dealing with Lloyds Open Form salvage, General Average, salvage indemnity, cargo damage and a casualty investigation

    United States

    Longshoremans personal injury claim

    Acting in the successful defence of the shipowners and the manager of a serious personal injury claim by a longshoreman for a crushed hand during loading of a cargo container ship at New York Container Terminal

    United States

    MSC Flaminia major onboard fire

    Advising insurers on substantial claims for cargo loss and damage following a major fire on board a containership, during which several crew died, the ship was heavily damaged and at least 60% of the cargo on board was destroyed

    United States
  • Four charterparty arbitrations

    Advising on four separate charterparty arbitrations in relation to two vessels, with issues including payments of rent, early termination, delay due to poor maintenance and provision of spares, technical management fees, dry-docking, various costs

    Mexico

    Offshore labour law obligations

    Advising in connection with breach of warranties arising out of tax and labour law obligations regarding a rig’s operations offshore Venezuela

    Venezuela
  • Container loss due to cyclone in the Bay of Bengal

    Acting for the P&I insurer of the lead charterers in relation to the loss overboard of 22 containers following a cyclone in the Bay of Bengal

    Bangladesh

    Large pipeline rupture offshore Hainan

    Acting for subrogated insurers in a recovery action in respect of a large pipeline rupture offshore Hainan, China the most high-profile and serious oil pollution incident in China’s maritime history

    Chine

    Construction of LNG carriers

    Negotiating contracts with Chinese shipyards (mainly Hu Dong Zhong in Shanghai) for the construction of LNG carriers using the GTT No 96 membrane containment system

    Chine

    USD 105 million bulk carrier newbuild dispute

    Acting for an owner/operator and its P&I Club against a Chinese shipyard and trading house in relation to the building of four bulk carriers, with a total value of USD 105 million. By winning the arbitration for the first vessel, the case was subsequently settled and our clients were able to cancel all vessels and receive the instalments already paid, plus costs

    Chine

    Blue Seas vessel collision

    Successfully acting for sellers and their P&I Club on a sale/purchase dispute after the vessel was involved in a collision in China hours before due delivery. Our client cancelled for non-payment of the balance price and claimed the deposit. The buyers argued they were not in default as the ship was not in deliverable condition when the delivery period expired

    Chine

    Cross-border multi party collision arbitration

    Advising a major Chinese shipowner and its UK-based P&I Club in a significant cross-border, multi-party arbitration arising out of the collision of a vessel with a loading berth in Brazil

    Chine

    Cargo claims against a large number of NVOCCs

    Assisting a number of cargo insurers to pursue cargo claims against a large number of NVOCCs in Hong Kong in relation to the loss of cargoes as a result of the sinking of the carrying container vessel in June 2013

    Hong Kong

    Bombay High North vessel collision with oil platform

    Advising in relation to an oil platform off the coast of India which was destroyed by a fire following a supply ship collision

    Inde

    Largest warehouse cargo fraud case in a decade

    Acting for insurers to defend a cargo claim following a warehouse fraud in which 144,000 MT of soybeans were lost. This case is thought to be the largest single cargo insurance case in the last decade

    Indonésie

    NYK Argus onboard fire

    Instructed by Japanese owners and their P&I Club on the biggest container ship case in recent years, following a fire on board the vessel causing damage to high value electronic equipment

    Japon
  • Tendering for construction of a floating dry dock

    Preparing tender documentation for the construction of a floating dry dock, including a specimen shipbuilding contract, for use by Bahrain Ship Repairing and Engineering Company for the acquisition of a second floating dry dock

    Bahreïn

    Total loss of Atlantik Confidence

    Advising on the total loss of a bulk carrier and its cargo following a fire in the engine room. We have been acting for the owner to establish a limitation fund in the English courts, using a P&I Club letter of undertaking

    Oman

    Capsize of the offshore vessel Demas Victory

    Acting for insurers in relation to the “Demas Victory”, an offshore supply vessel, which capsized inbound to Qatar resulting in 30 deaths and ensuing criminal and civil proceedings, insurance and blood money issues

    Qatar

    Advising on charter parties

    Advising on regulatory issues in the registration of ships and pleasure craft in the UAE and under other flags; advising owners on the acquisition of an offshore drill rig; advising owners on reflagging of a jack-up accommodation barge.

    United Arab Emirates

    Government of Bahrain

    Advising the Ministry of Finance in Bahrain in respect of the privatisation of Bahrain's ports.  The project involved a complete review of the existing legal structure, and the drafting of a new legislative regime for the regulation of port activities.

    United Arab Emirates

    Legal review

    Advising on the legal review of the draft Implementing Regulations of Law No. (11) of 2010 concerning Registration of Vessels in the Emirate of Dubai.

    United Arab Emirates

    Vessel fires

    Advising shipyards in the UAE and KSA on claims arising from fires on board vessels whilst in dry-docks

    United Arab Emirates

    Advising multiple cargo insurers on largest container vessel to ever be lost

    Advising multiple cargo insurers on the total loss of USD 300 million of cargo after container broke in two, caught fire and sank in two sections, losing all 4,382 containers on board. This is the largest container vessel ever to be lost

    Yemen

    Holy Light global cargo claim

    Acting for shipowners and their P&I Club in a highly contentious USD 2 million cargo claim in Yemen, which involved managing complex interlinking proceedings worldwide and recovery action against the charterers’ group

    Yemen

    Onboard container ship explosion

    Advising on a major casualty case involving a 64,000 GT container vessel following a serious explosion in the engine room which caused a fire that spread through the ship, causing secondary explosions from seven containers full of fireworks which ignited

    Yemen
  • Sale and charter back transaction

    Acting for a significant container ship owner in a large sale and charter back transaction involving complex French tax leases, chartering structures and second ranking security for investor groups.

    France

    Contract for a prototype vessel

    Advising on a contract for a prototype double-acting arctic container vessel for MMC Norilsk Nickel.

    Russian Federation

    Ukrainian JV Vehicle

    Advising P&O Maritime BV in relation to purchasing 51% of the shares in joint venture vehicle entered into with TIS Group to provide vessel towing services in Ukraine.

    Ukraine

    Purchase of a UK headquartered group with operations in the UK, Germany, Poland and Australia

    Purchase of a UK headquartered group with operations in the UK, Germany, Poland and Australia in the business of developing and licensing point of sale and reservations software used in the cruise ship industry by a Singapore subsidiary of Schulte Group from multiple shareholders.

    United Kingdom

    Split and hive-down of the "trenching" and "cable laying" business

    Advising on the split and hive-down of the "trenching" and "cable laying" business and assets of Deepocean 1 UK Limited into two newly incorporated subsidiaries, Enshore Subsea Limited and DeepOcean Subsea Cables Limited.

    United Kingdom

    $21.5 million carrier vessel acquisition

    Assisting Anglo International Shipping Group Limited with their successful bid for the USD$21.5 million acquisition of Ten Jin Maru, a bulk carrier vessel.

    United Kingdom

    Sale of a $1.4 billion global bunker trading business

    A hybrid asset and share sale of a group of companies with an annual turnover of circa £1bn, involving 10 jurisdictions and a complex IP position.

    United Kingdom

    Administration of Speedferries Limited

    Securing the release of a fast ferry from arrest in France via applications in both English and French courts, and dealing with various claims to rights of ownership over the vessel during an administration, including selling the vessel through judicial sale in the admiralty court.

    France

    Pursuing recovery for loss of cargo following collision

    Bahamian-flagged car carrier that sank in the North Sea after a collision with the Cyprus-registered container ship. (Loss amount USD 35 million)

    Allemagne

    Financing the purchase of Germany's largest cruise ships

    Acting for a leading cruise ship owner as borrower in relation to financing the purchase of new build cruise vessels including the largest cruise ships to be built in Germany

    Allemagne

Notre équipe spécialisée en droit maritime

Andrés Adame
Andrés Adame

Partner

Leon Alexander
Leon Alexander

Partner

Jane Andrewartha
Jane Andrewartha

Partner

Arturo Arista
Arturo Arista

Partner

Mohamed Barakat
Mohamed Barakat

Managing Partner – Cairo

David Bennet
David Bennet

Partner

Andrew Bicknell
Andrew Bicknell

Partner

Craig Bird
Craig Bird

Partner

Giovanna Cabbia
Giovanna Cabbia

Partner

Ik Wei Chong
Ik Wei Chong

Partner / Managing Director, Asia

Thomas Choo
Thomas Choo

Managing Partner

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