Publications

As English and Irish qualified lawyers, we have extensive experience of the international market and the conduct of disputes in various worldwide jurisdictions. Our maritime team is ideally placed to assist clients on all types of shipping enquiries or disputes. We have experience in dealing with all sections of the shipping community, from fishing vessels to LNG carriers, from passenger carriers to container ships. The team has regularly advised and successfully represented Shipowners, Shipmanagers, Operators, Charterers and some of the leading P&I and Defence Clubs.

The nature of shipping disputes is often dictated by extrinsic factors such as market rates, climatic changes and political unrest. Difficult market rates may mean that an owner may require advice on repossession of a vessel; political unrest may require advice on issues such as war risk cover; or dramatic weather conditions, that are becoming more commonplace each year, may give rise to a whole host of shipping problems.

Often a dispute may arise during the course of a charterparty. To deal with this a client will require input from their lawyer quickly and efficiently. As one of Ireland's leading law firms, Mason Hayes & Curran has both the knowledge and expertise to respond to the differing disputes that the changing market can give rise to and can provide clients with a prompt and effective advisory service.

Irish Tonnage Tax / Ship Registration

In 2002 the Irish government introduced a highly competitive tonnage tax regime, which takes advantage of the Irish corporation tax rate (the lowest rate of corporation tax in Europe) and various double taxation regimes. The result of these changes is that Ireland is now one of the most competitive jurisdictions in Europe for shipping interests. In the near future further changes will mean that

Ireland will also have one of the most modern ship registers and user-friendly ship registration procedures.

Shipbuilding / Ship repair

Disputes often arise during the shipbuilding / ship repair process. Bearing in mind continuing commercial relationships, it is important to pay particular attention to all aspects of the drafting and negotiation of shipbuilding / ship repair contracts. Standard international shipbuilding contracts contain many

terms and conditions and practical advice should be sought from the outset to ensure that these are clearly understood before entering into an arrangement.

Charterparties /  Bills of Lading

Interpretation and / or application of a particular clause in a charterparty, or bill of lading will often lead to disputes between parties. Clear practical advice on the meaning and usage of clauses in charterparties and bills of lading and the standard forms used in the industry is essential. We can assist you with the drafting of these documents and have experience in handling the full range of disputes that may arise.

Arrest of Ships

Although broadly similar to English law, there are significant differences in the law of arrest in Ireland. This will require advice on the procedure, merits, implications and the costs of arresting a ship in Ireland.

Marine Casualties / Marine Insurance

In the case of marine casualties, such as a collision or salvage case, often owners / charterers or cargo interests will want advice very quickly as to what steps they should take to protect their interests. We can provide immediate advice on all matters involving collision, sinking and pollution and any resulting claims that may arise.

Litigation / Dispute Resolution

Should a dispute arise, we have the experience and expertise to ensure that your interests are represented throughout the entire process. Taking into account continuing commercial relationships, we will actively seek to resolve disputes on an amicable basis. When, however, it is necessary to resort to legal proceedings to resolve a particular matter, you can be assured that as one of

Ireland’s leading litigation practices, we can handle all aspects of marine litigation, both in Ireland and overseas.

Conclusion

The introduction of new competitive tax regimes, coupled with a flourishing Irish economy, has led to Ireland becoming increasingly more attractive to international shipping. There is therefore a need for a legal service with a focus on the Irish market and yet has a full understanding and ability to advise on the international arena.

Whether you require advice on registering your fleet in Ireland, or if you need advice on how to resolve a dispute as quickly and as effectively as possible, the Mason Hayes & Curran maritime law team has the ability and the knowledge to advise you on all aspects of shipping law.

To find out how the maritime law team can assist you and your business, please do not hesitate to contact us on +353 1 6145000..