Practice Area
Maritime & Admiralty
Specialized legal support for shipping and maritime sectors
Indian coastline served by 12 major and 200+ minor ports
Of India's trade by volume transported through maritime routes
Vested with admiralty jurisdiction under the 2017 Act
Indian seafarers employed globally in the merchant shipping industry
Overview
Maritime and admiralty law in India has undergone a significant modernization with the enactment of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, which consolidated and replaced five colonial-era admiralty statutes and vested admiralty jurisdiction in the High Courts of Bombay, Calcutta, Madras, Karnataka, Gujarat, Hyderabad, Orissa, and Kerala. This legislation brought India's maritime legal framework in line with international conventions including the International Convention on Arrest of Ships, 1999, and the International Convention on Maritime Liens and Mortgages, 1993. India's maritime sector, with a coastline spanning over 7,500 kilometres, 12 major ports, and over 200 minor ports, handles approximately 95% of the country's trade by volume and 70% by value, making maritime law a critical area of commercial legal practice.
Maritime disputes in India encompass a wide range of matters including ship arrest and release, cargo damage and loss claims under bills of lading, charter party disputes, maritime liens, ship collision and salvage, shipbuilding and repair contract disputes, marine insurance claims, seafarer wages and injury claims, port tariff disputes, and environmental pollution from vessels. The Merchant Shipping Act, 1958 serves as the primary legislation governing merchant shipping in India, covering vessel registration, safety standards, seafarer employment, pollution prevention, and maritime casualty investigation. India is a signatory to several International Maritime Organization (IMO) conventions including SOLAS, MARPOL, and the Maritime Labour Convention (MLC), 2006.
Our maritime and admiralty practice represents shipowners, charterers, cargo interests, P&I Clubs, marine insurers, port operators, shipyards, and seafarers across the full spectrum of maritime legal matters. We handle ship arrest applications and release negotiations under the Admiralty Act, 2017, cargo claims under the Carriage of Goods by Sea Act, 1925 (incorporating the Hague-Visby Rules), charter party arbitrations under London and Singapore-seated proceedings, seafarer employment disputes before maritime labour authorities, port and customs regulatory compliance, and representation before the Director General of Shipping, Maritime Boards, and Tariff Authorities for Major Ports (TAMP).
Governing Framework
Key Legislation & Statutes
What We Offer
Our Maritime & Admiralty Services
Ship Arrest & Release Proceedings
Filing applications for arrest of vessels before High Courts exercising admiralty jurisdiction under the Admiralty Act, 2017 to secure maritime claims, including obtaining warrants of arrest, arranging ship surveys, negotiating security for release through P&I Club Letters of Undertaking, bank guarantees, or cash deposits, and defending against wrongful arrest claims.
Cargo Damage & Loss Claims
Representing cargo interests and carriers in disputes arising from damage, shortage, or loss of cargo during sea transit, including claims under bills of lading governed by the Carriage of Goods by Sea Act, 1925, multimodal transport documents, general average contributions, and subrogated claims by marine cargo insurers.
Maritime Lien Enforcement
Advising on the creation, priority, and enforcement of maritime liens under the Admiralty Act, 2017, including liens for seafarer wages, salvage, collision damage, port charges, and vessel mortgage, and representing lien holders in actions in rem against vessels in Indian ports.
Charter Party Disputes
Handling disputes arising from voyage charters, time charters, and bareboat charters, including off-hire claims, demurrage and detention calculations, safe port/berth disputes, and representing parties in London Maritime Arbitration (LMAA), Singapore arbitration (SCMA), and ad hoc arbitrations governed by charter party arbitration clauses.
Seafarer Employment & Injury Claims
Representing seafarers in wage disputes, repatriation claims, injury compensation, and death benefits under the Merchant Shipping Act, 1958 and the Maritime Labour Convention, 2006, including proceedings before the Directorate General of Shipping, Commissioner for Workmen's Compensation, and civil courts.
Port & Customs Regulatory Compliance
Advising port operators, stevedores, shipping agents, and terminal operators on regulatory compliance under the Major Port Authorities Act, 2021, Indian Ports Act, 1908, Customs Act, 1962, and related regulations, including port concession agreements, tariff authority proceedings, and container freight station licensing.
Marine Pollution & Environmental Compliance
Advising on compliance with MARPOL convention requirements as implemented through the Merchant Shipping (Prevention of Pollution of the Sea by Oil) Rules and allied regulations, handling oil spill liability claims, and representing parties in proceedings before the National Green Tribunal for vessel-source marine pollution.
Shipbuilding & Repair Contract Disputes
Drafting and litigating disputes arising from shipbuilding contracts, vessel repair and conversion agreements, and refund guarantee claims, including delayed delivery claims, specification deficiency disputes, and enforcement of builder's liens.
Jurisdictions
Relevant Courts & Forums
Quick Reference
Services at a Glance
Common Questions
Frequently Asked Questions
How does ship arrest work in India under the new Admiralty Act?
Under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, any person with a maritime claim listed in Section 4 of the Act can file an admiralty action in rem before a High Court exercising admiralty jurisdiction. The court can issue an order for the arrest of the vessel against which the claim lies or, in certain cases, a sister ship owned by the same person. The arrest can be effected even while the vessel is in transit or at anchorage in Indian territorial waters. The ship can be released upon furnishing adequate security in the form of a P&I Club Letter of Undertaking, bank guarantee, or cash deposit as determined by the court.
Which High Courts have admiralty jurisdiction in India?
Under Section 3 of the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, admiralty jurisdiction is vested in the High Courts of Bombay, Calcutta, Madras, Karnataka, Gujarat, Hyderabad, Orissa, and Kerala. The Central Government has the power to extend admiralty jurisdiction to any other High Court by notification. The jurisdiction is exercisable over vessels within the territorial waters of India within the respective High Court's jurisdiction, and in certain cases, over vessels on the high seas that are registered in or owned by persons domiciled in India.
What is the time limit for filing a cargo damage claim in India?
Under the Carriage of Goods by Sea Act, 1925 (incorporating the Hague-Visby Rules), the time limit for bringing suit for cargo damage or loss is one year from the date of delivery or the date when the goods should have been delivered. However, the Admiralty Act, 2017 provides a limitation period of two years for maritime claims. The Supreme Court of India has held that the one-year period under the Hague-Visby Rules applies specifically to cargo claims against the carrier, while the broader two-year limitation under the Admiralty Act may apply to other maritime claims. Written notice of damage must be given to the carrier at the time of delivery, or within three days for non-apparent damage.
Are Indian seafarers protected under international maritime conventions?
Yes, India ratified the Maritime Labour Convention (MLC), 2006 in 2015, which is often called the 'seafarer's bill of rights.' The MLC establishes minimum standards for nearly every aspect of working conditions for seafarers including employment agreements, wages, working hours, leave, repatriation, accommodation, food, health protection, medical care, and social security. These provisions are implemented in India through the Merchant Shipping Act, 1958 and rules framed thereunder. The Director General of Shipping oversees compliance, and deficiencies can result in detention of vessels during port state control inspections.
What types of claims constitute maritime liens in India?
Under Section 9 of the Admiralty Act, 2017, maritime liens include claims for wages and costs of repatriation of master and crew, claims for loss of life or personal injury in connection with the operation of the vessel, claims for salvage, claims for port, canal, and other waterway charges, and claims based on tort arising from physical loss or damage caused by the operation of the vessel. Maritime liens attach to the vessel regardless of change of ownership and take priority over registered mortgages and other maritime claims, providing powerful security to lien holders.
Need Help with Maritime & Admiralty?
Connect with our verified legal professionals specializing in maritime & admiralty matters across all courts in India. Get expert guidance today.