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Maritime

Germany

Navigating the maritime and logistics sector

CMS is one of the leading law firms in Europe for the maritime and logistics sector. We have the specific legal expertise and technical understanding to support our clients both in their home countries and abroad. They benefit from our deep understanding of their global operations and the economic context of their business.

Our clients include shipping companies, shipyards, terminal operators, brokers, NVOCCs, transport and logistics operators, freight forwarders, trading companies, banks, P&I clubs, other insurers and all other players in the shipping and logistics market.We receive instructions from our clients covering virtually all areas of their business. We advise them on their day-to-day operations, in relation to drafting, revising and negotiating contracts, in the event of collisions and accidents/casualties, as well as with regard to a wide range of projects and transactions.

Our key areas

In conjunction with our Banking & Finance team, we regularly advise major German banks, other financing institutions and shipping companies regarding their ship financing and restructuring operations.

We are a leading practice for advice on offshore projects

We are particularly familiar with the offshore industry. We understand the specific commercial and technical challenges and risks of this sector and how to adequately address these risks in agreements and disputes. Working with our Energy team, we are one of the leading firms for legal advice in relation to offshore wind farms.

Disputes – help you can rely on

We successfully represent our clients in and out of court as well as in domestic and international arbitral proceedings. We have in-depth knowledge of the maritime arbitration institutions, such as the London Maritime Arbitrators Association (LMAA) and the German Maritime Arbitration Association (GMAA). We also regularly sit as arbitrators in arbitration proceedings involving maritime matters, transport and logistics, and commercial disputes. Our partner, Jan Wölper, is Chairman of the Board of the GMAA.

Emergency Response 24/7

  • Jan Wölper: +49 172 40 50 540
  • Christoph Zarth: +49 172 74 76 443
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    Admiralty and Casualty – "Wet Shipping"

    More than almost any other lawyers in Germany, our wet shipping specialists have experience and expertise in all types of maritime incidents and accidents. We regularly advise shipping companies, hull insurers, P&I clubs and salvors on a wide range of incidents, including collisions, average, salvage and pollution.

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    Marine Insurance

    Comprehensive marine insurance is essential when operating and financing ships and carrying goods by sea. We support insurers, agents and policy holders in drafting the relevant contracts and in insurance disputes.

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    Maritime Contracts

    We represent shipping companies and P&I clubs, as well as cargo interests and their insurers, in disputes relating to damage to all kinds of cargo. We also advise and represent our clients in charter party disputes across all sectors (bulk, container, tanker, LNG), mostly in the form of arbitration proceedings.

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    Shipbuilding, Ship Sale and Purchase

    We regularly advise on the drafting and review of contracts and all related documentation (such as performance and refund guarantees) covering all types of vessels, from conventional commercial bulk and container vessels through to specialist vessels for the offshore industry.

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    Transport and Logistics

    In addition to maritime business, our services cover all other modes of transport (road, rail, air, inland waterways), plus warehousing and logistics. We advise freight forwarders, logistics companies and their customers, as well as insurers and financiers, in relation to their day-to-day business and on drafting and negotiating complex logistics contracts.

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    22 Jan 20
    Oil & Gas/Ship­ping - Time bars and sup­port­ing doc­u­ments in de­mur­rage...
    In Tankreederei GmbH & Co KG v. Marubeni Cor­por­a­tion (the “Amalie Ess­ber­ger”) [2019] EWHC 3402 (Comm), the Com­mer­cial Court de­cided that the Own­er of a Ves­sel was not time barred from bring­ing a de­mur­rage...
    20 Nov 19
    Oil and Gas / Ship­ping: The leg­al rem­ed­ies for breach of a re­strict­ive...
    Sum­mary In Priy­anka Ship­ping Lim­ited v. Glory Bulk Car­ri­ers Pte Lim­ited (the “Lory”) [2019] EWHC 2804 (Comm), the Com­mer­cial Court was asked to con­sider the rem­ed­ies avail­able to ad­dress a breach...
    19 Jul 19
    Po­s­eidon Prin­ciples and re­spons­ible ship fin­an­cing
    On 18th June 2019, 11 banks with col­lect­ively over $100bn in as­sets and rep­res­ent­ing nearly 20% of the glob­al ship fin­ance signed a glob­al frame­work agree­ment, called the Po­s­eidon Prin­ciples. These are...
    18 Apr 19
    BARE­CON - The Im­port­ance of Class
    In the re­cent case of Sil­ver­burn Ship­ping (IoM) Ltd -v- Ark Ship­ping Com­pany LLC [2019] EWHC 376 (Comm), the High Court ruled that an ob­lig­a­tion in a charter­party to keep a ves­sel in class is both an...
    14 Mar 19
    Ship­ping and car­bon: EU and IMO sys­tems to align
    On 4 Feb­ru­ary 2019 the European Com­mis­sion (EC) tabled a pro­pos­al con­cern­ing the amend­ment of Reg­u­la­tion (EU) 2015/757 on the mon­it­or­ing, re­port­ing and veri­fic­a­tion of car­bon di­ox­ide emis­sions from mari­time...
    26 Sep 18
    EUR 44 mil­lion of il­leg­al aid for re­fur­bish­ment of dry docks in Port...
    On 20 Septem­ber 2018, the European Com­mis­sion is­sued its de­cision in the case of the Port of Naples. In par­tic­u­lar, the de­cision con­cerns the grant­ing of EUR 44 mil­lion of sub­sidies from the Itali­an na­tion­al...
    13 Apr 18
    The Acon­cagua Bay – “al­ways ac­cess­ible”
    On 26 March 2018 the Com­mer­cial Court ruled, in an ex­tremely suc­cinct de­cision, that a war­ranty in a voy­age charter­party that a berth is “al­ways ac­cess­ible” en­com­passes both entry to and exit from...
    04 Jul 17
    The New Fla­menco – Su­preme Court al­lows own­ers’ ap­peal
    The Su­preme Court, on 28 June 2017, found in fa­vour of the own­ers in the long-awaited “New Fla­menco” judg­ment - Glob­alia Busi­ness Travel S.A.U. (formerly Travel­Plan S.A.U.) of Spain v Fulton Ship­ping...
    22 Mar 17
    EU rules on re­cov­ery of il­leg­al aid from ferry op­er­at­ors
    On 1 March 2017, the Gen­er­al Court of the European Uni­on con­firmed that France must re­cov­er over EUR 220 mil­lion in il­leg­al State aid gran­ted to a ferry op­er­at­or group con­sist­ing of two or­gan­isa­tions:...
    21 Feb 17
    Is­lam­ic Fin­ance and glob­al ship­ping and avi­ation mar­kets
    The as­set fin­ance mar­ket in the Middle East has seen in­creas­ing use of Shari­ah com­pli­ant fin­ance to fund trans­ac­tions. Stand­ard Chartered Bank (SCB) made ship­ping news head­lines in Decem­ber 2016 when...
    02 Feb 17
    Gov­ern­ment con­sults on pen­al­ties for non-com­pli­ance with EU ship emis­sions...
    On 1 Janu­ary 2018, sub­ject to a few ex­clu­sions, ships over 5000 gross ton­nage (“Rel­ev­ant Ships”) will be sub­ject to mon­it­or­ing and re­port­ing re­quire­ments on car­bon di­ox­ide emis­sions (CO2), fuel con­sump­tion...
    30 Nov 16
    Oil & Gas / Ship­ping: Ex­clud­ing ‘con­sequen­tial loss’ can re­strict...
    The Com­mer­cial Court was re­cently asked to con­sider the cor­rect con­struc­tion of the phrase “con­sequen­tial or spe­cial losses or ex­penses” in a clause that dis­trib­uted (and lim­ited) li­ab­il­ity and rem­ed­ies...