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ADMIRALTY LAW

Admiralty law is a code of both domestic laws governing maritime activities and private
international law governing relationships between private entities which operate ships on the oceans. It also brings within its ambit the transportation of passengers and goods by sea, shipping maritime commerce, navigation, other commercial activities etc.

COMPREHENSIVE SERVICE: LEGAL

We believe in comprehensive and “one- umbrella” services and strives to achieve the utmost legal remedy for Club and members. Based on the governing Rules & Regulations, opinions are provided in case of legal proceedings for arrest and release of vessels,  lien, CP dispute, attachment …..

HOW WE CAN ASSIST

Admiralty law is a body of both domestic law governing maritime activities and
private international law governing relationships between private entities which operate ships on the oceans. In case of the good cause of action or a good defense, we can work to help to bring the suit speedily before the court and have it decided.

Want to know More- Email at zalal@bdni.com, addressed to Zalal Uddin Ahmed, PhD, MBA, LLB, Dip in Admiralty Law, MNI(London)

admiralty, maritime and transportation-related matters

We are experienced in assisting P&I Clubs and their members in the following matters:

  • Personal Injury and Wrongful Death Defense
  • Cargo Matters
  • Collision and Allision
  • Maritime Liens
  • Vessel Arrests
  • P&I Cover / Insurance Coverage
  • Charter Party Disputes
  • Limitation of Liability Actions
  • Freight Claims
  • Marina Liability
  • Environmental Claims
  • Compliance and Regulatory Matters

http://tanjibalam.com/

Tanjib Alam and Associates: Partner for Bangladesh Supreme Court

Tanjib Alam and Associates is a newly established law chamber but consisting of associates with vast experience in corporate, maritime and commercial practice in Bangladesh. The objectives of the law firm are, inter alia, to provide full range of corporate and commercial legal service to a variety of clientele with the personal touch. It has specialization in banking, international trade, securities and exchange laws, arbitration, admiralty, administrative and constitutional law.

No More Unwanted Incident

LIEN, UNPAID HIRE, ARREST

Recognition Procedure of Foreign
Arbitration in Bangladesh

Bangladeshi law recognises and provides for recognition procedure of foreign arbitration award in order for same to be enforceable locally. Once an arbitration proceeding in a foreign country is completed, the Arbitral Award, on an application by any party, will be enforced by a court of this country under the Civil Procedure Code in the same manner as if it were a decree of court. For the arbitral award to be recognised and enforced in Bangladesh, one of the parties will have to make an application to the Court of the District Judge, Dhaka under the Code of Civil Procedure of Bangladesh. While making that application seeking the recognition and the enforcement, the party will have to supply: a) The original arbitral award or a copy thereof duly authenticated in the manner required by the law of the country in which it was made; b) The original agreement for arbitration or a duly certified copy thereof; and c) Such evidence as may be necessary to prove that the award is a foreign award. For an arbitration award given in London to be enforceable in Bangladesh depends upon several factors such as whether the other party against whom such award was made applies for refusal of recognition or execution of foreign arbitral award under section 46 of the Arbitration Act, 2001. Besides, it is to be taken into account that for the recognition and enforcement of the arbitration award, application is to be made in District Court which does not appear to operate expeditiously.  Need full article … Email us at info@bdpni.com

Contributing 

24/7/365 

Zalal Uddin Ahmed  PhD, MBA, BBA, LLB, Dip in Admiralty Law, MNI (London)

 

+8801729090174 +8801970000198

Dispute Resolution, Arbitration and
Bangladesh Jurisdiction

Arbitration, results in a final resolution without appeal, utilized when contracting parties agree to use it for a dispute. When any CP contain London seated arbitration clause and the applicable law is specified as English Law, the procedure to be followed for resolution of material dispute will be the London Arbitration procedure. When the vessel is in territorial waters of Bangladesh and they have actionable claim under Admiralty Act. There are conflicting judgements from both the High Court as well as Supreme Court of Bangladesh, both on favour or against such cases but in recent case appellate division has allowed admiralty suit despite the charter party having arbitration clause. Informatively, The High Court division of the Supreme Court is vested with Admiralty jurisdiction. Section 3(1) of the Bangladesh Admiralty Court Act,2000 proclaims that the High Court Division of the Supreme Court shall be the Court of Admiralty. Article 103 of the Constitution of the People’s Republic of Bangladesh, any one aggrieved by the decision of the admiralty court may file an appeal before the Appellate division of the Supreme Court. According to the order XIII of the provision of the Supreme Court of Bangladesh Rules, 1988, the period of limitation for preferring an appeal to the Appellate Division is within 60 days from the date of passing of the judgement, excluding the time of obtaining certified copy of the judgement. Indeed the ship owners don’t need to go to court to exercise lien to retain cargo at own possession, but if the validity of the lien is in any doubt the shipowner may wish to consider obtaining a court order as this will provide at least some protection against a claim for wrongful exercise of the lien. Shipowners need to be equipped with the following documents in original (preferred) for submission at Court to file application for Lien permission01. Signed CP between Owners and Charterer.

Charter Party and Bill of Lading Terms
and Clauses: Analysis

Exercising lien on freight, sub-fright,
dead-freight, bunker and demurrage etc.
it requires details general analysis on
Charter party and bill of lading clauses.
With several other regular issues, it
appears that in many cases the Bank or
consignee, neither of whom are a party to
the head charter, is the named consignee
in the bill of lading, and hence a party to
the bill of lading contract. Under English
law, in case of straight bill of lading, Bank
or consignee is the only party to which
delivery of the cargo can be made. The
lien in the head charter only allows the
Owners to deny delivery to Bank or
consignee if the lien clause is
incorporated into the bill of lading
contract. When the bill of lading is on the
Gencon 94 form, stating “freight payable
as per charter party”, and no charterparty
date has been entered on the front of BL,
as also observed here. In such like case,
the wording on the reverse of the bill will
state that all term, conditions etc of the
charterparty “dated as overleaf” are
incorporated. Even if no date is entered,
as per English law it will assume that the
parties intended to incorporate a charter
party and will be identified

Coast To Coast

Coast To Coast has been registered with the Joint Stock Company of Bangladesh as Coast To Coast P&I Services Ltd. in the year 2003 and maintaining ISO standard since 2006. The company is committed to act as eyes and ears of the Clubs as well as to provide updated information regarding any changes to local laws or statutory requirements. Coast To Coast offers its services as first response and general claims advisors to P&I insurers and Ship Owners, Charterers . is composed of international marine lawyers and claims investigators forming an experienced claim adjusting team acting principally for P&I Clubs, H&M Underwriters and their Members. We also provide advises clients in Bangladesh on Bill of Lading disputes, Import and Export procedure, interpreting Charter Party provisions,

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Mission

To become the leading correspondent here at the Maritime Ports , of Bangladesh through professionalism.

Vision

Our vision is to pursue continuity of business by providing high quality and reliable service to our Principals and their members.

24/7 Emergency Contact 

+88-01729090174 [24/7]
+88-01970000198 [24/7]
+88-017197577243[24/7]
info@bdpni.com