INDIA Law and Practice Contributed by: Gautam Bhatikar, Deeksha Dev Singh and Isha Patil, Phoenix Legal
Phoenix Legal Vaswani Mansion, Office No 17 & 18 3rd Floor, 120 Dinshaw Vachha Road Churchgate Mumbai – 400020 India Tel: +91 22 4340 8500 Email: mumbai@phoenixlegal.in Web: www.phoenixlegal.in
1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts In India, the main domestic laws establishing the jurisdiction and powers of the maritime and ship - ping courts are: • the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (the “Admiralty Act”); • the Merchant Shipping Act, 1958; • the Carriage of Goods by Sea Act, 1925; and • the Marine Insurance Act, 1963. Common maritime and shipping claims filed in India include: • charterparty disputes – disputes arising from the performance of charterparty contracts, including disputes relating to demurrage, laytime and hire; • marine insurance claims – claims arising from marine insurance policies, including claims for loss or damage to vessels and cargo;
• collision claims – claims arising from colli - sions between vessels, including claims for damages and personal injury; • towage claims – claims arising from the provi - sion of towage services, including claims for damages, loss of income and demurrage; • salvage claims – claims arising from the recovery of vessels or cargo in distress, including claims for remuneration and salvage awards; and • general average claims – claims arising from the contribution of ship-owners, cargo-own - ers and insurers to cover expenses incurred in saving a vessel and its cargo in a general, average situation. The competent courts in India for hearing mari - time and shipping claims are the High Courts, as specified under the Admiralty Act. The juris - diction of the courts depends on the location of the vessel. 1.2 Port State Control The office of the Directorate General of Shipping and the Mercantile Marine Departments form the Port State Control (PSC). The Directorate Gen - eral of Shipping is the competent authority for all issues pertaining to:
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