In Pakistan, Admiralty and Maritime Law mainly involves the Carriage of Goods by Sea Act 1925 (Hague Rules), Merchant Shipping Ordinance 2001. At Josh and Mak International we make sure that our partners are available at short notice and provide efficient response for all matters relating to these laws. We represent several major shipping entities and have also been regularly consulted by individual consignees to appear against national and international shipping organizations.
We are currently engaged in matters involving:
• Short landing of cargo, loss of cargo, damage and contamination
• Tort of conversion
• Maritime liens
• Ship arrests and releases from arrest
• Collision, fire, grounding, general average and salvage
• Shipbuilding, sale and purchase of vessels
• Charter party claims bills of lading disputes
• Ship owners liability
• Over and under invoicing issues
• Charter parties
In Pakistan admiralty jurisdiction is conferred upon the Sindh and Baluchistan High Court by virtue of the “Admiralty Jurisdiction of High Court Ordinance 1980”. The 1980’s ordinance is similar to the English law and it is therefore uncomplicated to arrest a ship in Pakistan. Any ship or one of her sister ships, may be arrested if:
• The claimant’s cause of action carries with it a right of arrest
• The ship, or one of her sister ships, is available in Pakistan (Karachi or Baluchistan )
The claimant’s advocate will apply to issue a warrant of arrest, supported by an affidavit. The affidavit consists of facts, information and belief, with the sources and grounds thereof and made under oath. It constitutes the only evidence required for an arrest. The warrant, once issued by the honorable High Court is filed with the bailiff, together with a request to execute the warrant and an undertaking to pay the costs of arrest. In many cases an agreed contractual security, usually a P &I club letter of undertaking, is provided without the need for application to court. Alternatively, a bail bond can be provided to the satisfaction of the court. The adequacy of security in support of a bail bond is a subject of court discretion and the court will usually order bank or corporate sureties or the defendant to pay cash into court in lieu.
In order to secure a release the advocate’s undertaking to pay the bailiff’s fee must be filed.
It is also a prerequisite that the agreement of the plaintiff and all caveats be obtained. The bailiff then releases the vessel. A release can usually be obtained promptly, subject to the requirements being satisfied, specifically the provision of satisfactory security.
Admiralty (Maritime) Law, is a distinct area of law that governs maritime questions and offenses. It is a body of both domestic law which governs maritime activities, and private international law governing the relationships between private entities which operate vessels on the oceans. It deals with matters including marine commerce, marine, shipping, sailors, and the transportation of passengers and goods by sea.
In Pakistan, Admiralty Law is governed by ‘Carriage of Goods by Sea Act 1925’ & the ‘Merchant Shipping Ordinance 2001.’ The jurisdiction of the admiralty law is conferred upon the province of Sindh and Balochistan High Court, through the ‘Admiralty Jurisdiction of High Court Ordinance 1980.’ Although there does exist domestic legislation in this distinct area, particularly in its development, interpretations and outreach which are the result of multilateral treaties. With the significant about of international law development in recent years, Admiralty Law has evolved substantially.
At Josh and Mak International we aim to provide all our clients with the most efficient and current advice on matter pertaining to this distinct area of law. We provide them with guidance, assistance and actionable support in all manner of admiralty matters, ranging from a vessels arrest to the ship owners liability, from general tort claims to the enforcement of charter party agreement.
We aim to provide our client with the utmost support and assistance no matter what stage they are at or what process they are going through. We strive to provide our clients with the most relevant and efficient representation. We pledge to plead on your behalf with the aim of assisting you in your quest to enjoy a prosperous and growing business.