WHAT WE DO / SHIPPING / PIRACY
"Excels in advising clients on piracy-related matters.” Chambers & Partners, 2010
Ince & Co’s experience of acting on some of the high-profile piracy cases in Somalia, the Niger Delta and the Malacca Straits means we are well-placed to give advice to all interests.
The recent increase in piracy incidents and hijackings of ships in the Gulf of Aden and the Indian Ocean has prompted much industry debate over the phenomenon and how best to deal with it. Ince & Co advises owners, charterers and cargo interests on all aspects of piracy incidents, covering the legal and practical aspects of responding to a hijacking, release of vessels, insurance and mitigating the risk of such incidents reoccurring.
Shipowners and charterers should consider a number of commercial and practical issues when ordering their vessels to transit these areas, as well as how to respond should their ships fall prey to pirates. The first priority for any party will be to have the vessel and crew released.
Key considerations include:
- Are vessels obliged to transit the Gulf of Aden/Indian Ocean?
- Charterparty related issues on BIMCO piracy clause or CONWARTIME
- What are the insurance implications for ships transiting these waters?
- What are the legal constraints of using armed guards?
- Is payment of a ransom legal?
- Payment and delivery of the ransom
- Are costs recoverable in General Average?
- Is a hijacked ship off-hire?
- Issues arising out of duty of care to crew.