Sher & Blackwell's expertise in the maritime sector includes corporate, commercial, transactional, contract and financing activities. Our work regularly involves cargo and passenger transportation, towage, dredging, intermodal transport, terminals, offshore energy, fisheries and marine construction. Because of our attorneys’ in-depth understanding of the industry, we can provide a unique perspective that permits us to help our clients achieve results that are commercially appropriate, as well as legally sound.

We have significant experience with maritime joint ventures, business alliances, space and vessel charters, consortia, ratemaking agreements, and other forms of operational agreements. In the U.S., this often requires an understanding of maritime commerce, maritime regulation, and antitrust regulation.

A key part of our practice involves asset based financing in the shipping and offshore energy sectors. Financing has included commercial and government guaranteed debt, often with complex securitization, ownership, or guarantee arrangements.

Maritime activity in the United States domestic trades often involves ensuring that corporate and transactional arrangements comply with federal laws governing cabotage (e.g., Jones Act, Towing and Salvage Statute, Dredging Statute, Passenger Vessel Services Act, and American Fisheries Act) and citizenship. The firm has significant expertise in U.S. cabotage, citizenship and vessel documentation requirements governing the movement of passengers and merchandise by vessel, as well as towage, salvage, fisheries and dredging. We also have substantial experience advising clients as to compliance with these requirements in the context of new business formation, joint ventures, corporate and asset acquisitions, operating agreements, charters, and ship financing.

Our firm has been involved in the drafting, negotiation and enforcement of more ocean transportation service contracts than any other law firm in the United States. We have handled hundreds of arbitrations and court cases involving service contracts. A large number of these proceedings were before non-U.S. arbitration panels or courts. These contracts can cover simple ocean transport in a single trade or involve complex intermodal and logistics arrangements covering operations in numerous countries worldwide.

In the liner sector, intermodalism has become a frequent accompanying element of maritime transport. We have advised clients on intermodal contracts with inland vendors such as railroads, truckers, third party logistics providers, transportation brokers and forwarders. We have also worked on equipment leases, depot and container yard agreements, contracts with maintenance and repair facilities, and chassis pool arrangements. In our experience, familiarity with equipment interchange agreements, equipment leases, and other intermodal transport documentation is critical to rendering effective advice on contractual obligations and accident liability implications of intermodal carriage.  

 


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