PAKISTAN Law and Practice Contributed by: Faisal Daudpota, Daudpota International
1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts Main Domestic Laws Establishing Maritime Jurisdiction • The Admiralty Jurisdiction of High Courts Ordi - nance, 1980 (AJHCO 1980): this is the foundational statute, conferring exclusive jurisdiction on the High Courts of Sindh (Karachi) and Balochistan (Gwadar/other ports) to entertain, try and deter - mine admiralty suits, including the power to arrest ships. • Pakistan Merchant Shipping Ordinance, 2001 (MSO 2001): this comprehensive ordinance gov - erns all matters related to ship registration, owner - ship, seamen, maritime pollution, and safety. • Sindh Chief Court Rules (SCCR), Chapter XXXII: these procedural rules guide the specific actions (in rem and in personam) under the admiralty jurisdic - tion and are often applied in conjunction with the Civil Procedure Code (CPC) 1908. • Carriage of Goods by Sea Act, 1925 (COGSA): this governs cargo claims and incorporates the Hague Rules. • Pakistan Maritime Zones Act, 2023: this defines the maritime zones (territorial sea, EEZ, etc) and Sovereign Rights. Common Maritime and Shipping Claims Filed in Practice Maritime litigation in Pakistan frequently involves the following, usually filed as actions in rem (against the vessel) or actions in personam (against the owner/ charterer): • cargo claims (short landing/damage); • arrest of ships/sister-ships; • ship breaking/ship recycling claims; • charter party disputes;
Competent Courts • High Court of Sindh (Karachi): the primary venue for most maritime disputes due to the concentra - tion of shipping activities in Karachi. • High Court of Balochistan (Quetta/Gadani Bench): this court primarily handles cases related to ship- breaking and incidents in the Gwadar port area. • Superior Courts (Appellate): appeals against single- bench judgments go to a division bench (two judges) of the same High Court, and subsequently to the Supreme Court of Pakistan. 1.2 Port State Control In Pakistan, the system of port state control (PSC) is designed to ensure that foreign-flagged vessels visit - ing Pakistani ports comply with international maritime safety, security, environmental and labour standards. The regime operates under the authority of the Direc - torate General of Ports & Shipping (DGP&S), which falls under the Ministry of Maritime Affairs. System of Port State Control in Pakistan • Legal basis: inspections are carried out in accord - ance with the Merchant Shipping Ordinance (MSO) 2001, the Ports Act 1908, and international con - ventions to which Pakistan is a signatory, including SOLAS, MARPOL, STCW and the Maritime Labour Convention (MLC) 2006. • Operational mechanism: inspections are conduct - ed by port state control officers (PSCOs) from the Mercantile Marine Department (MMD), who act as authorised agents of the maritime administration. • Regional co-operation: Pakistan is part of the Indian Ocean MOU (IOMOU) on Port State Control, which harmonises inspection procedures. • Scope: PSC in Pakistan focuses on 16 key areas of working and living conditions (under MLC, 2006), as well as structural and operational safety, aiming to identify and detain substandard ships. Authorities and Powers • Primary authority: the Directorate General of Ports and Shipping (DGP&S) oversees the regime. • Operational authority: the Mercantile Marine Department (MMD) in Karachi and other ports han - dles the inspections. • General powers:
• necessaries (supplies and services); • maritime liens (crew wages); and • marine insurance disputes.
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