TRW & Co · Energy, Infrastructure & Transport
Shipping and Maritime Lawyers in London
Shipping lawyers in London advise owners, charterers, traders and cargo interests on charterparties, bills of lading, ship arrest, sale and purchase and LMAA arbitration. In 2026 the agenda also includes the UK ETS for shipping, Russia sanctions and the IMO's net-zero rules, all of which now shape everyday chartering and trading contracts.
Key pointMost cargo claims under Hague-Visby bills of lading are lost if suit is not brought within one year of delivery, and negotiation does not stop the clock. Obtain security and a written time extension together, as early as possible.
At a glance
One-year cargo time bar
Hague-Visby claims are discharged unless suit is brought within one year of delivery or the date goods should have been delivered, unless extended by agreement.
Hague-Visby limitation
Carrier liability is limited to 666.67 SDR per package or 2 SDR per kilogram, whichever is higher, unless the goods' nature and value were declared.
Arrest as security
An Admiralty claim in rem lets a claimant arrest a ship, or often a sister ship, in England and Wales to obtain security for a maritime claim.
UK ETS covers shipping
Ships of 5,000 gross tonnage and above on domestic UK voyages entered the UK ETS on 1 July 2026, with first surrender due by 30 April 2028.
Electronic bills recognised
The Electronic Trade Documents Act 2023 gives electronic bills of lading the same legal effect as paper where the system meets reliability criteria.
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What shipping lawyers in London advise on
Shipping lawyers in London advise shipowners, charterers, cargo interests, traders, ship managers, financiers, insurers and P&I clubs on the full life of a vessel and the cargo it carries. “Dry” shipping covers charterparties, bills of lading, sale and purchase, shipbuilding and finance. “Wet” shipping covers casualties: collision, grounding, salvage, pollution and general average.
English law remains the most widely chosen law for international shipping contracts, and London arbitration under the terms of the London Maritime Arbitrators Association (LMAA) is the default for many standard-form charterparties. The Admiralty Court, the Commercial Court and the London insurance market complete an ecosystem that draws disputes to London even when neither party is British.
TRW & Co advises owners, charterers, traders and cargo interests, with particular experience of trade between the UK, Europe and South Asia. Our offices in Dhaka and Chattogram — Bangladesh’s principal port city — work with the London team on matters that cross both jurisdictions. Related land and air logistics are covered on our transport page.
The legal and regulatory framework
English maritime law combines international conventions, given effect by UK statute, with a large body of case law on standard-form contracts. Scotland has its own courts and some distinct procedures, but the main conventions apply across the UK.
- The Merchant Shipping Act 1995 covers ship registration, safety, pollution, salvage, collision liability and limitation of liability, including giving effect to the 1976 Convention on Limitation of Liability for Maritime Claims (section 185).
- The Carriage of Goods by Sea Act 1971 gives the Hague-Visby Rules the force of law for bills of lading covering shipments from UK ports and other cases within the Rules.
- The Carriage of Goods by Sea Act 1992 transfers rights of suit under bills of lading, sea waybills and ship’s delivery orders to the lawful holder or named consignee.
- The Marine Insurance Act 1906, as amended by the Insurance Act 2015, governs hull, cargo and other marine insurance.
- The Electronic Trade Documents Act 2023 allows electronic bills of lading and other trade documents to have the same legal effect as paper, if the system used meets the Act’s reliability criteria.
- The Senior Courts Act 1981 defines the Admiralty jurisdiction of the High Court, including claims in rem against ships, and Part 61 of the Civil Procedure Rules sets the procedure.
| Body | Role | When it matters |
|---|---|---|
| Maritime and Coastguard Agency | UK Ship Register, flag-state surveys, port state control and seafarer certification | Registering ships and mortgages, detentions, safety and crew compliance |
| Admiralty Court | Specialist court in the Business and Property Courts for collision, salvage, arrest and limitation | Arresting ships, limitation actions, casualty claims |
| Commercial Court | Charterparty, bill of lading, shipbuilding and insurance disputes and arbitration claims | Court litigation and challenges to or support for arbitration |
| London Maritime Arbitrators Association | Arbitrator body whose LMAA Terms 2021 are widely incorporated into charterparties | Most charterparty and many sale and shipbuilding disputes |
| Office of Financial Sanctions Implementation and Office of Trade Sanctions Implementation | Enforcement of financial and trade sanctions, including maritime services restrictions | Russian oil trades, designated vessels and counterparties |
Charterparties and bills of lading
Charterparties
Most chartering uses standard forms from BIMCO and other industry bodies, amended by rider clauses. Time charter disputes typically concern off-hire, speed and consumption claims, safe port warranties, employment and indemnity, and redelivery. Voyage charter disputes centre on laytime and demurrage, notice of readiness and freight. A great deal turns on the rider clauses, which are often negotiated quickly by brokers and then examined closely when something goes wrong.
New regulatory costs are now a recurring rider issue. The UK ETS has applied to ships of 5,000 gross tonnage and above on domestic voyages since 1 July 2026, alongside the EU ETS for voyages to and from EU ports. Shipping lawyers in London are adding clauses that allocate allowance costs, require emissions data and deal with transfers on sale or redelivery; see our carbon markets page.
Bills of lading and cargo claims
Under the Hague-Visby Rules, the carrier must exercise due diligence to make the ship seaworthy and must properly care for the cargo, but has defences including for navigational error and fire. Liability is limited to 666.67 Special Drawing Rights per package or unit or 2 SDR per kilogram of gross weight, whichever is higher, unless the nature and value of the goods were declared. Suit must be brought within one year of delivery, or the date when the goods should have been delivered, unless extended by agreement.
Title to sue matters as much as liability. Under the 1992 Act, the lawful holder of a bill of lading acquires the contractual rights of suit, which is why traders in a chain need to check who holds the bill when a loss emerges. Misdelivery without production of the bill, letters of indemnity and switched bills are recurring sources of claims.
Admiralty claims, ship arrest and casualties
An Admiralty claim in rem allows a claimant to arrest a ship in England and Wales as security for a maritime claim, such as cargo damage, collision, salvage, damage done by a ship, unpaid supplies or crew wages. In many cases a sister ship in the same beneficial ownership can be arrested instead. The arrest usually leads to the provision of security, often a P&I club letter of undertaking, and the ship is released.
Shipowners can limit liability for many claims under the 1976 Limitation Convention, by constituting a limitation fund calculated on the ship’s tonnage. Breaking the limit is difficult: the claimant must show personal act or omission committed with intent or recklessness. Collision claims are generally subject to a two-year time limit under the 1995 Act, and salvage is governed by the 1989 Salvage Convention, scheduled to that Act.
In shipping, security usually decides the outcome. A claim without an arrest, a club letter or a guarantee is often a claim that is never paid.
Casualty response is time-critical. Evidence from voyage data recorders, logbooks and crew must be secured quickly, and owners, cargo interests and insurers need early advice on general average, salvage security and limitation strategy. Our insurance team works alongside shipping lawyers in London on coverage questions.
Sale and purchase, shipbuilding and finance
Second-hand ship sales commonly use standard memoranda of agreement, with negotiation focused on deposits, inspection, notice of readiness, delivery condition and documentation. New building contracts allocate risk for delay, performance and defects, and buyers rely on refund guarantees from the yard’s bank to protect pre-delivery instalments. Disputes over whether a refund guarantee responds are a familiar feature of London arbitration.
Ship finance is secured by registered mortgages, assignments of earnings and insurances, and guarantees. Lenders need to understand the flag state’s registration and priority rules, and owners need covenants they can comply with as decarbonisation rules tighten. Our asset finance team advises on vessel finance and leasing structures.
Ship management is a further area of contract risk. Owners delegate technical and crew management to managers on standard-form agreements, and the scope of the manager’s duties, its liability cap and its role as ISM company under safety rules and, now, the UK ETS all need checking. When a casualty or detention occurs, shipping lawyers in London often find that the management agreement decides who bears the cost as much as the charterparty does.
Decarbonisation and sanctions
Decarbonisation
Ships of 5,000 gross tonnage and above on domestic UK voyages joined the UK ETS on 1 July 2026, with offshore ships from 1 January 2027 and the first surrender, covering 2026 and 2027 together, due by 30 April 2028. The UK has consulted on extending coverage to half of emissions from international voyages to and from the UK. Globally, the IMO Net-Zero Framework was approved in principle in April 2025, but formal adoption was postponed in October 2025 and is scheduled to be attempted again at the IMO’s Marine Environment Protection Committee in December 2026.
Sanctions
UK sanctions on Russia restrict the provision of maritime transport, insurance and finance for Russian-origin oil and oil products unless the price-cap conditions are met, and the UK has designated a growing number of vessels in the so-called shadow fleet. Owners, charterers, P&I clubs and brokers need attestation processes, sanctions clauses that work under English law and a plan for what happens when a cargo, vessel or counterparty becomes designated mid-voyage. Our sanctions team handles licensing and compliance.
How a shipping claim usually unfolds
- Secure evidence. Collect the contract, bills of lading, logbooks, survey reports and correspondence, and appoint surveyors or experts early.
- Diary time bars. Identify the one-year Hague-Visby limit, the two-year collision limit or any shorter contractual bar, and seek written extensions where needed.
- Obtain security. Consider arresting the ship or a sister ship, or agree a P&I club letter of undertaking or bank guarantee.
- Commence proceedings. Start LMAA arbitration or Admiralty or Commercial Court proceedings as the contract provides, naming the right parties.
- Exchange submissions and evidence. Under the LMAA Terms 2021, many smaller disputes proceed on documents only, with the Small Claims or Intermediate Claims Procedure for lower-value cases.
- Settle or obtain an award. Many claims settle once security is in place and the evidence is clear.
- Enforce. Enforce the award or judgment against the security or abroad under the New York Convention or local law.
Documents and evidence to assemble
- Charterparty, recap, rider clauses and any addenda; bills of lading and sea waybills.
- Deck and engine logbooks, voyage data recorder output, noon reports and weather data.
- Surveyors’ reports, cargo documents, mate’s receipts and letters of protest.
- P&I, hull and cargo insurance policies, and any letters of undertaking.
- Sale and purchase or newbuilding contracts, refund guarantees, mortgages and finance documents.
- Sanctions attestations, emissions data and UK or EU ETS monitoring records.
Risks and common mistakes
The mistakes below are the ones shipping lawyers in London see repeatedly, and almost all of them are cheaper to avoid than to fix.
Missing the Hague-Visby one-year time bar
Cargo claims under bills of lading governed by the Hague-Visby Rules are discharged unless suit is brought within one year of delivery, or the date the goods should have been delivered. Negotiations with the carrier or its club do not stop time running. If an extension is agreed, it must be clear, in writing and from the right party. Suit must also be brought in the forum the contract requires: starting proceedings in the wrong court may not protect the claim. Diary the date the moment a loss is notified.
Delivering cargo without production of the bill of lading
Owners who deliver without the original bill of lading, usually against a letter of indemnity from the charterer, risk liability to the lawful holder and may lose P&I cover for that liability. The indemnity is only as good as the party giving it. Check that the letter of indemnity follows an accepted wording, consider requiring bank countersignature for high-value cargo, and confirm the position with the club before discharge.
Rider clauses that conflict with the standard form
Rider clauses are often added from previous fixtures without checking how they interact with the printed form. Conflicts over off-hire, laytime exceptions, sanctions or emissions costs then become disputes about which clause prevails. Review the recap and riders as a single document, delete superseded printed terms, and use defined terms consistently. A short legal review before fixing a long-term charter is a small cost compared with an arbitration.
Sanctions exposure in chartering and trading chains
UK sanctions can bite at any point in a chain: the vessel, the owner, the cargo origin, the buyer or the payment route. A trade that was lawful at fixture can become prohibited if a party is designated during the voyage. Make sure sanctions clauses permit refusal of orders and suspension without breach, that price-cap attestations are obtained and kept, and that screening covers beneficial owners and vessel histories, including ship-to-ship transfers.
Arresting the wrong ship or without enough evidence
An arrest in England and Wales generally does not require proof of the claim or a cross-undertaking in damages, but the claimant must have a claim within the Admiralty jurisdiction and the right connection between the defendant and the ship. Arresting a ship the defendant does not own, or relying on an incorrect sister-ship analysis, can lead to the arrest being set aside with costs. Ownership checks through registries and commercial databases should be done before the warrant is issued.
Cross-border angle: Bangladesh, Singapore, the Gulf and the EU
Shipping is international by nature, and shipping lawyers in London routinely work with counsel in the flag state, the port of arrest and the place of enforcement. English law and London arbitration often govern the contract, but local law decides how a ship is arrested, how cargo is released and how an award is enforced.
For Bangladesh, three themes recur. First, the country’s exports pass through Chattogram and Mongla, and cargo, delay and documentary disputes often involve English-law bills of lading or charterparties. Second, Bangladesh is one of the world’s largest ship recycling markets, and the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships entered into force in June 2025, changing documentation and yard requirements for sale-for-recycling contracts. Third, London arbitration awards often need to be enforced in Bangladesh under its Arbitration Act 2001; our article on enforcing a London award in Bangladesh explains the process.
Singapore and Dubai are major maritime hubs where arrest, enforcement and arbitration practice differ from England. Our offices there coordinate local steps with the London team. EU ports apply the EU ETS to shipping, so voyages between the UK and EU need both schemes covered in contracts.
How our shipping lawyers in London help
We act in transactions, compliance and disputes across dry and wet shipping. We do not claim higher rights of audience; where advocacy in the higher courts is required, we instruct specialist counsel.
Charterparty and cargo disputes
We conduct LMAA arbitrations and Commercial Court claims on off-hire, demurrage, safe port, cargo damage and misdelivery, and advise on security and time bars.
Arrest and security
We advise on arresting ships in England and Wales, sister-ship arrests, release against club letters or guarantees, and coordinating arrests abroad.
Contracts and chartering
We draft and review charterparty riders, bills of lading, letters of indemnity, sanctions and emissions clauses, and ship management agreements.
Sale, purchase and newbuilding
We act on second-hand sales, newbuilding contracts and refund guarantees, including disputes over delivery, defects and cancellation.
Sanctions and decarbonisation
We advise on price-cap compliance, designated vessels and counterparties, UK and EU ETS obligations and charter cost allocation.
UK–Bangladesh maritime matters
We help Bangladeshi exporters, importers and recycling businesses with English-law contracts, London arbitration and enforcement in Bangladesh.
When a cargo claim arises, request security and a time extension at the same time, in writing, from the carrier and its P&I club. Security without an extension, or an extension without security, leaves the claim exposed. Our international arbitration team can start LMAA proceedings quickly if neither is forthcoming.
Checklist for decision-makers
- Have we diaried every time bar for open cargo, collision and charterparty claims?
- Do we have security, or a plan to obtain it, for every significant claim?
- Are our rider clauses consistent with the printed form, including sanctions and emissions provisions?
- Do we know who holds the bills of lading and who has title to sue?
- Are price-cap attestations and sanctions screening documented for every relevant voyage?
- Are UK and EU ETS costs and data obligations allocated in our charters and sale contracts?
- For newbuildings, are refund guarantees in an acceptable form from an acceptable bank?
Arbitration clauses should also reflect the Arbitration Act 2025, in force since 1 August 2025; see our guide to the Act. To discuss a shipping matter, contact our London office or browse all our practices.
Frequently asked questions
01Can I arrest a ship in England to secure my claim?
Yes, if your claim falls within the Admiralty jurisdiction of the High Court under the Senior Courts Act 1981, such as cargo damage, collision, salvage, damage done by a ship, necessaries or crew wages, and the required connection exists between the person liable and the ship. In many cases a sister ship in the same beneficial ownership can be arrested instead. In England and Wales the claimant does not generally have to give a cross-undertaking in damages. Arrest usually leads to security being provided, such as a P&I club letter of undertaking, and the ship's release.
02How long do I have to bring a cargo claim?
Where the Hague-Visby Rules apply, the carrier is discharged from liability unless suit is brought within one year of delivery, or of the date when the goods should have been delivered. The parties can agree to extend time, and extensions are common, but they must be clear and in writing. Charterparties and other contracts may contain shorter contractual time bars, and collision claims are generally subject to a two-year limit. Proceedings must also be brought in the forum the contract specifies, usually LMAA arbitration or the English courts.
03What are the LMAA Terms?
The LMAA Terms are the procedural rules of the London Maritime Arbitrators Association, currently the LMAA Terms 2021. Many standard-form charterparties and other maritime contracts provide for London arbitration under them. They set out how tribunals are appointed, how submissions and evidence are exchanged and how costs are handled. The LMAA also publishes a Small Claims Procedure and an Intermediate Claims Procedure for lower-value disputes, which are faster and cheaper. Awards are enforceable in most countries under the New York Convention.
04Who pays UK ETS costs for a chartered vessel?
The UK ETS places the obligation on the maritime operator, usually the registered owner, although an ISM company can take on that role under a written agreement. The scheme does not decide how the cost is shared between owners and charterers; that depends on the charterparty. Without an emissions clause the owner is likely to bear it. Owners and charterers should agree clauses that allocate allowances, require the sharing of emissions data and deal with the position on redelivery or sale, and align them with any EU ETS clause already used.
05Are electronic bills of lading valid under English law?
Yes. The Electronic Trade Documents Act 2023 allows an electronic trade document, including a bill of lading, to have the same legal effect as its paper equivalent if it is held in a reliable system that identifies the document, protects it from unauthorised alteration, allows exclusive control and allows the person in control to demonstrate it. This means electronic bills can transfer rights of suit and constructive possession. Parties should still check that every party in the chain, including banks, uses a compatible platform and that the contract provides for electronic documents.
06What happens if a vessel or charterer is sanctioned mid-voyage?
A designation can make continued performance unlawful for UK persons, including payments, port calls and cargo handling. Whether a party can refuse orders, suspend performance or terminate without being in breach depends largely on the sanctions clause in the charterparty or sale contract and on the general law of illegality and frustration. Licences from OFSI or OTSI may allow wind-down of existing contracts. Act quickly: freeze affected payments, take advice on licensing, document decisions, and inform insurers and the P&I club.
07Can a shipowner limit its liability?
Generally yes. The Merchant Shipping Act 1995 gives effect to the 1976 Convention on Limitation of Liability for Maritime Claims, allowing owners, charterers, managers and operators to limit liability for many claims, including loss of life, personal injury and property damage, by reference to the ship's tonnage. A limitation fund can be constituted in the Admiralty Court. Limitation can only be broken by proving that the loss resulted from the person's own act or omission committed with intent to cause it, or recklessly and with knowledge it would probably result, a very high threshold.
Sources and official materials
- Merchant Shipping Act 1995 — Registration, safety, salvage and limitation
- Carriage of Goods by Sea Act 1971 — Hague-Visby Rules
- Carriage of Goods by Sea Act 1992 — Rights of suit under shipping documents
- Electronic Trade Documents Act 2023 — Electronic bills of lading
- Admiralty Court — Arrest, collision, salvage and limitation
- LMAA Terms — London Maritime Arbitrators Association procedures
- Maritime and Coastguard Agency — UK Ship Register and maritime safety
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.