Maritime Litigation: Resolving Complex Disputes in Admiralty Law

Admiralty law provides the framework for resolving disputes that are uniquely "maritime" in nature. While a standard contract case might focus on local statutes, maritime litigation often involves a complex interplay between federal law, state law, and international conventions. SJKP LLP focuses on the adversarial resolution of these conflicts, ensuring that jurisdictional advantages are seized early in the process.

The primary distinction lies in the specialized remedies available in maritime courts, such as the ability to arrest a vessel (in rem) to secure a claim. These powerful procedural tools allow litigants to obtain security for their claims before a final judgment is even rendered. SJKP LLP utilizes these mechanisms to freeze assets and force favorable settlements in high-stakes maritime disputes.

Under the U.S. Constitution and federal statutes, federal courts have original jurisdiction over admiralty cases. However, the "Savings to Suitors" clause allows certain maritime claims to be brought in state courts. SJKP LLP analyzes these jurisdictional overlaps to determine the forum most likely to respect the technical realities of your case.

Most maritime contracts contain specific clauses dictating the location of the trial and the law to be applied (e.g., U.S. General Maritime Law or English Law). We audit these clauses to ensure your cross-border dispute resolution strategy is anchored in a favorable legal environment.

Litigation is typically triggered by a "failure of performance" that cannot be resolved through standard commercial channels. This includes the refusal to pay demurrage, the arrest of a vessel for unpaid bunkers, or a significant cargo loss where the carrier denies liability based on a statutory exception. SJKP LLP intervenes at these friction points to prevent a commercial disagreement from becoming a terminal financial loss.

Yes. Many charter parties and bills of lading mandate maritime arbitration (often via the SMA in New York or the LMAA in London). Arbitration offers a private, expert-led alternative to public court proceedings. SJKP LLP treats arbitration with the same clinical rigor as a federal trial, ensuring your evidentiary record is unassailable.

The outcome of vessel liability cases is often decided in the first 48 hours following an incident. SJKP LLP coordinates "Rapid Response" investigations, deploying surveyors and investigators to secure physical evidence, crew statements, and electronic data before they can be altered or lost.

A successful litigation strategy depends on:

• Digital Records: VDR data, AIS tracking, and engine room logs.
• Contractual Records: Original bills of lading, fixture notes, and notices of readiness.
• Expert Testimony: Technical analysis from master mariners, naval architects, and forensic accountants.