At Otiang’a Owiti & Co. Advocates, we specialize in issues such as maritime, air and terrestrial transports of freight and people, storage and logistics services, local and international speed cargo and postal service providers, production, financing and collateralization of ships and aircrafts, licensing and certification of transportation vehicles and freight companies, freight insurance, port and customs transactions.

 

We offer a wide range of legal services to Logistics, shipping, aviation, transport, and maritime industries. Our clients include airlines, shipping and logistics companies, aircraft and ship owners, charter operators, pilots, captains and mechanics, manufacturers and service providers, bus lines, freight brokers or freight forwarders, customs agents, ship and yacht builders, cargo companies, financing institutions and insurers.

 

Our services contain legal aspects of ownership, financing, and regulatory compliance of operations for fleets and registration of vessels and aircrafts, insurance, freight forwarding and services to ship and aircraft construction.

 

There are many terms to describe the law of ships and shipping; some of which have broad, and others quite specific, meanings. A brief guide to the correct uses and distinctions is outlined for a proper understanding for our potential clients

 

a) Admiralty - Traditionally 'admiralty law' referred only to contractual and tortious disputes arising from the operations of ships (named after the typical work of the Admiralty Court in England). It does not cover governmental or international shipping regulations. However, the description has become more loosely used over time and today it is interchangeable with 'Maritime Law' as a term describing all law related to ships.

 

b) Carriage of Goods Law - This specifically relates to the law of moving cargo. It is not restricted to marine cargo (unless referred to as 'Carriage of Goods by Sea Law') and will cover goods being moved by sea, road, rail, air and multimodal (by more than one means).

 

c) Law of the Sea - This is an area of public international law that deals with relationships between countries, rather than private people or companies. It provides rules on sea borders, pollution, ownership of natural resources at sea etc. The United Nations Convention on the Law of the Sea (UNCLOS) provides much of the law in this area.

 

d) Marine Law - This is perhaps the broadest of the terms and encompasses all law related to the sea or waterways. It would cover international agreements on sea borders, laws on fishing quotas and the law governing transport of goods or the operation of ships (i.e. it is a catch-all term for Law of the Sea and Maritime Law).

e) Maritime Law - Describes all law related to ships and shipping; including the building, navigation, crewing, operation and other activities and incidents related to ships. Although now used interchangeably with the term 'Admiralty Law', Maritime Law is preferable as the more common term.

 

f) Shipping Law - This is perhaps the best term to describe the law relating to ships. Shipping law covers the building and operation of ships and is split into two categories: wet and dry.

 

i. 'Wet' shipping law involves things happening on water, like ships sinking, colliding with other ships or objects and other casualties at sea.

ii. 'Dry' shipping law refers to things happening on paper like disputes about charter party clauses or shipbuilding contracts.

 

g) Trade Law (aka ´International Trade Law´) - This refers to the law of trade between countries and the international conventions governing that trade. It is only loosely related to ships, via international conventions like UNCITRAL (United Nations Convention for International Trade Law)

 

h) Transport Law - This is a catch-all term for the laws covering all types of transport, including sea, road, rail, and air transport. It may proscribe something like that a certain product must be carried by sea, and not by air.

 

Our legal experts assist for the drafting and execution of affreightment, liner, charterer, freight, warehousing, storage, agency and similar carriage, transport, and logistics contracts.

 

We support our clients for resolving issues such as sea damage, demurrage, bill of lading and bank letter of credit issues, collusion, cost of attack, cost of defence, pollution damages, single and cross liabilities, sister-ship clauses, insurance excess, franchise or deductibles, ship and aircraft mortgages, liens on freight, applications of INCOTERMS (ICC).

 

We also offer litigation and dispute resolution services for enforcement of transport and maritime claims, and ship and aircraft arrests before Courts, execution offices and arbitral tribunals.