Marine & Aviation Law

Marine Law

Legal service is offered including but not limited to the following areas in the maritime law field;

    • Drafting / Reviewing Maritime Contracts & Charter Party Agreements
    • Consultation on contractual disputes
    • Ship building, Ship Sale & Purchase
    • Ship Arrest and Release
    • Bills of Lading issues
    • Marine Insurance
    • Collision
    • Pollution
    • Liens

Our core competency however lay in drafting / reviewing maritime contracts / charter party agreements (CPA) while advising our clients during pre-contract negotiations, in view of their business requirement, what type of charter parties incorporating specific clauses should be signed to legally safeguard their interest and post contractually advising our clients on interpretation of charter parties during all stages of project execution.

Apart from giving office based consultancy we believe in giving round the clock legal support to our clients whenever required. We also attend meetings on behalf of our clients, participate in negotiations, draft legally vetted letters, issue legal notices for payment recovery or attend any other matter on a call out basis.

Aviation Law

If we wish to shed light momentarily on the Aircraft (Aviation) Law, we would find that the term “Droit Aerien” to have appeared for the first time in 1909 with the establishment of the Aviation High School in France. The appearance of the said term, since then, has given rise to intense arguments on its definition and scope of application. However, and regardless of any definition or scope given thereto, there is no doubt that the aeronautics and aviation law has its unique features compared to any other laws.

The problems regarding aircraft liability in the international realm primarily relate to resolving issues of legal status of international airline passengers and cargo. The need for uniform international rules governing aviation emerges due to the nature of this industry where an aircraft is used in many aerial territories and as it moves from one country’s sky to another’s. Here emerges a bad need of multilateral agreements – with international recognition – to regulate and govern the rights and liabilities entailed in aviation and use of aircrafts.

Since then, a number of multilateral agreements have been signed and the international community set up an international committee to prepare a draft international convention on the special aviation Law (CITAJA). The first meeting was held in Warsaw early 1920 and this international body has arrived at the signing of Warsaw Convention on 12.10.1929.

The Warsaw Convention is rightly the backbone of aviation and aeronautics law as it regulates significantly important matters, including the use of aircraft for carriage and transport. This five-chapter convention sets clear the definition and scope of aviation terms, liability of air-carrier, where a limitation is laid for such liability. It is noteworthy that the said limitation was amended on a number of occasions, lastly was in those amendments introduced under the Montréal Protocol, Canada, 1975.

A third and more comprehensive convention was the Convention on International Civil Aviation of 1944 also known as the Chicago Convention. This convention set out the general principles of international civil aviation and established a framework of international coordination, cooperation and regulation of services. It also addressed the technical aspects of air transportation affecting the environment.

The UAE has acceded to the Warsaw Convention under the Federal Decree no. 13 of 1986, after it had become a member to the International Air Transport Association (IATA) in 1972.

On May 29, 1933 Rome Agreement was signed for the unification of certain rules on precautionary (provisional) attachment against aircraft, based on recommendations from the International Committee of Aviation Experts.

On June 19, 1948 another agreement was signed in Warsaw for the international recognition of rights relating to aircraft including intellectual property, right to exploit or mortgage an aircraft.

Therefore, on our deep understanding of the nature of the air law and relevant international agreements, equip us with the necessary effective tools to provide unique legal service in these particular skies.