Secure the safety of crew and vessel first, then preserve evidence. Keep the deck and engine logs, voyage data recorder output, ECDIS and AIS records, and photographs. Notify the hull insurer and P&I club promptly, and appoint lawyers and surveyors before formal statements are taken. Cooperate with the Department of Shipping and port authorities, but take advice on what statements will be used for and by whom. Prompt, organised action at this stage often reduces both the size of marine casualty claims and the time needed to resolve them. Avoid speculation in emails.

Often, yes. The Admiralty Court Act 2000 allows arrest of a ship for many maritime claims, including collision damage, cargo loss or damage, salvage and towage, and in some cases a sister ship in the same ownership. The claim must fall within the statutory categories and the ship must be within the jurisdiction. The court will usually require an undertaking or other protection against wrongful arrest. We move quickly on these applications, because a vessel may only remain at a Bangladeshi port for a short time. Marine casualty claims often depend on that speed.

It depends on the contract and the governing rules. Where the Hague Rules apply, as they do for many bills of lading under the Carriage of Goods by Sea Act 1925, the carrier is generally discharged unless suit is brought within one year of delivery or the date when the goods should have been delivered. Contracts and other regimes may set different periods, and time can sometimes be extended by agreement. Notice of loss or damage should also be given promptly. We check time bars at the outset of all cargo and marine casualty claims.

The Department of Shipping and the relevant authorities investigate significant casualties involving seagoing and inland vessels under the merchant shipping and inland shipping laws, and courts or other bodies may also become involved after serious accidents. An official inquiry focuses on safety and causes, and may lead to action against officers or certificates, but its findings do not automatically decide civil liability. Statements given to an inquiry can still be important. We advise parties on how to participate while protecting their position in related marine casualty claims. Legal representation at the inquiry is often advisable.

Security is commonly provided by a P&I club letter of undertaking, a bank guarantee or a cash deposit with the court. Whether the claimant or the court will accept a club letter depends on the club, the wording and the circumstances. The amount usually reflects the claimant's reasonably arguable best case, plus interest and costs, but it can be challenged if excessive. We negotiate the form and amount of security quickly, because every day a vessel stays under arrest adds cost for owners and charterers alike. Wording matters too. Disputes over amount can go to court.

Shipowners may be able to limit their liability for certain claims under the merchant shipping legislation and, where they apply, international conventions and contractual terms. Whether limitation is available, how the limit is calculated and whether it can be broken depend on the type of claim, the vessel and the conduct of the owner. Limitation is a technical area and can change the economics of a dispute. We assess it early, both for owners seeking to cap exposure and for claimants who need to know what they can realistically recover. Evidence of conduct matters.

Once a cargo insurer pays a claim, it usually becomes entitled to pursue the carrier or other responsible party in the name of the insured, which is called subrogation. The insured should cooperate by providing documents, survey reports and assistance with witnesses, and should not settle or release the carrier independently. We act for cargo insurers in recovery actions in Bangladesh and abroad, and advise insured traders on their obligations under the policy and the subrogation receipt. Cargo underwriters often lead marine casualty claims of this kind, and good cooperation from the insured makes recovery far more likely.

It depends on the contracts and the parties. Collision claims between ships without a contract usually proceed in the Admiralty Court of the place where security is obtained, or by agreement elsewhere. Cargo and charterparty disputes often go to arbitration, commonly in London or Singapore, or to the courts named in the bill of lading. Insurance disputes follow the policy terms. We frequently combine a Bangladesh arrest for security with arbitration or foreign proceedings on the merits, and we advise on the best forum before proceedings begin. Jurisdiction clauses deserve close reading early.