Maritime law

A maritime lawyer operates in a field where the usual rules do not apply: a vessel can be arrested in port to secure a claim — and it is this, rather than legal proceedings, that usually resolves the dispute.

The arrest of a vessel to secure a maritime claim is the most effective tool in the industry. A vessel’s lay-up costs thousands of dollars a day, so the shipowner settles quickly, even if they have ignored the claims for years.

We work with both businesses (shipowners, charterers, cargo owners, agents) and seafarers who have not been paid their wages or have been abandoned in a foreign port.

+38 095 554-54-24 — legal advice

Areas of practice

Ships

• arrest of a vessel pursuant to a maritime claim — and, conversely, the release of a vessel from arrest;
• disputes concerning the sale and purchase of vessels, registration, and security (maritime mortgage);
• charter disputes — time charter, bareboat charter, voyage charter;
• collisions between vessels, accidents, salvage, general average.

Cargo

• damage to, loss of or shortage of cargo;
• disputes concerning bills of lading;
• demurrage and laytime;
• insurance disputes relating to cargo.

Seafarers

• recovery of unpaid wages;
• repatriation — where the crew has been abandoned in a foreign port;
• compensation for injury or death on board;
• disputes over contracts, unlawful dismissal, blacklisting.

Fishing

• Maritime fishing law — quotas, licences, breaches of fishing regulations, detention of vessels.

Vessel arrest: why it works

A vessel may be arrested in port to secure a maritime claim — pending the hearing of the dispute on its merits. Maritime claims include, in particular: crew wage arrears, cargo damage, collision damages, port charges, claims under charter parties, and claims for bunkering, repairs and supplies.

Why this resolves the dispute:

• the vessel cannot leave the port — demurrage costs a huge amount of money per day;
• the next charter is cancelled, and with it any subsequent contracts;
• the shipowner has a vested interest in reaching an agreement immediately — and usually provides a guarantee or pays the claim.

In most cases, the matter is resolved not by a court ruling, but by a settlement within a few days of the arrest.

The other side of the coin. If your vessel has been arrested, the task is the opposite: to release it as quickly as possible — by providing a guarantee, a bond or by challenging the grounds for the arrest itself. Every day of downtime represents a direct loss, and speed is of the essence here.

Seafarers: how to recover wages

The most common scenario: the contract has ended, the shipowner has disappeared, the company is registered offshore, and wages have not been paid.

What works:

1. A formal, documented demand to the shipowner — with a record of the claim.
2. Contacting the trade union (ITF) — if the vessel is flying a flag of convenience and there is a collective agreement.
3. Seizure of the vessel — outstanding crew wages constitute a maritime claim, and this is the strongest lever. The vessel is arrested at the port of call — not necessarily the one where you were working.
4. Shipowner’s insurance — issues relating to non-payment of wages and repatriation are covered by compulsory financial security.
5. Legal proceedings — provided there are grounds for jurisdiction.

Key point: keep your documents — the contract, the ship’s roll, pay slips, correspondence and evidence of your time on board. Without them, it is difficult to prove that you worked on the vessel.

Cargo

Claims relating to cargo are subject to strict time limits, which are shorter than usual. Missing the deadline for submitting a claim or bringing legal proceedings means losing the right to claim — even in the case of obvious damage.

Therefore, the first thing we do is: note the deadlines and ensure the claim is lodged in good time. Next comes the surveyor’s inspection, gathering evidence, and liaising with the insurer and the carrier.

When a lawyer is not needed

A standard voyage, the cargo has been delivered, payments have been settled — there is no issue.

A maritime lawyer is needed when:

• you have not been paid your wages on board the vessel;
• the crew has been abandoned in a foreign port;
• the cargo has been damaged or lost;
• you wish to arrest a vessel to secure a claim;
• your vessel has been arrested — and needs to be released;
• a charter dispute or a demurrage dispute has arisen;
• there has been a collision or an accident.

How we work

1. We assess whether there is a maritime claim — access to the main remedy, the arrest of the vessel, depends on this.
2. We check the time limits — in maritime disputes, these are short and strict.
3. We prepare interim measures — arrest of the vessel in port.
4. We conduct negotiations — following arrest, these are usually concluded quickly.
5. We defend the shipowner — securing the vessel’s release, challenging the grounds for arrest.
6. We represent clients in court and arbitration — including international commercial arbitration.

Fees

Full price list · Commercial disputes

Questions and answers (Maritime lawyer)

What is the arrest of a vessel?

It is a precautionary measure: the vessel is detained in port until the dispute over a maritime claim is resolved. As demurrage costs thousands of dollars a day, the shipowner usually reaches an agreement within a few days.

Can a vessel be arrested for unpaid crew wages?

Yes. Wage arrears owed to seafarers constitute a maritime claim — and this is the most effective way to compel the shipowner to pay.

What should I do if the shipowner has disappeared and is not paying?

Document the claim, contact the trade union, check the shipowner’s financial standing and, most importantly, consider the possibility of arresting the vessel at the nearest port of call.

What should I do if my vessel has been arrested?

Act immediately: provide a guarantee or security for release, or challenge the grounds for the arrest. Every day of lay-up results in direct losses.

What are the time limits in cargo disputes?

They are strict and shorter than usual. Missing the deadline for a claim or legal action means losing the right to claim, even in the case of obvious damage. Therefore, time limits are the first thing to check.

Can a maritime dispute be resolved without going to court?

This is most often the case: following the arrest of the vessel, the parties reach an agreement within a few days. The trial on the merits often simply does not have time to begin.

What is demurrage?

A charge for a vessel’s lay-up beyond the agreed fixed time. Disputes over demurrage are one of the most common categories of charter disputes.

What documents does a seafarer need to claim their wages?

The contract, the ship’s roll, pay slips, correspondence with the shipowner, and evidence of being on board. Without these, it is difficult to prove that work was carried out.

What should you bring to a consultation?

The contract, bill of lading or charter party, correspondence regarding claims, vessel documents, and evidence supporting the claim.

Contacting a maritime law solicitor at Svarog

Describe the situation — first and foremost, we will check whether your claim is maritime in nature: if so, there is a possibility of arresting the vessel, and this completely changes the nature of the negotiations. We will also check the time limits, as in maritime disputes they expire more quickly than expected.

+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9:00–18:00