Admiralty and Air Cargo

Admiralty is a unique area of the law with distinct and specific rules for handling claims. Normal rules of judicial procedure do not apply when an admiralty suit is filed or defended. Not all customs lawyers are familiar with admiralty rules and claims. Admiralty claims include:

• Claims governed by the Carriage of Goods by Sea Act (COGSA)
• Arrest of a ship to satisfy debts attaching to it in rem
• Special statutory obligations arising from the injuries of a sailor or dockworker
• Cargo claims and the defense thereof arising in sea freight
• Claims based upon contracts of affreightment (ocean bills of lading or charter agreements) and venue or liability issues arising therefrom
• Collision
• Salvage and wreck removal
• Marine insurance coverage

Familiarity with the rules of admiralty is key to effective representation in this field. We have successfully prosecuted and defended admiralty actions. We have also provided counsel to clients regarding Customs penalty and seizure actions against both air and ocean carriers.

The Warsaw Convention and its amendments govern carrier liability issues as to air cargo and passengers worldwide. However, there is a small time limitation period that governs air cargo and passenger claims, and to enforce one’s rights one must act quickly.

Likewise, when representing carriers, we apply the rules of the Warsaw Convention to defend adverse claims. We investigate matters thoroughly to determine whether another party is or may be liable for any loss incurred.