Arrest & Asset recovery
Beaufort Litigation acts in arrests of vessels and property and (international) asset recovery matters. We apply the apt measure to quickly and securely safeguard your interests.
There is not one background to (re-)claiming possession of goods or funds. This background is largely dictated by our clients’ professional interests. We act for (technical) suppliers and agents with unpaid invoices in foreign countries, lessors of lost property or with unpaid rent, for banks or mortgage holders with unpaid installments and for insurers that have outstandings for insurance premiums and are forced to act against their (former) insured.
The similarities between our arrest and asset recovery cases are plentiful however. Our clients insist on:
- activity: can we locate counter party assets either in the Netherlands or abroad?
- speed: can we force or lure in speedy payment or repossession?
- business acumen: can we effect payment or repossession without much disturbance of business between parties?
- out of court approach: if possible, can a recovery be solved out of court or by way of ex parte proceedings without a lengthy legal debate?
- cost-effectiveness: can we provide the necessary means without ‘burning’ the recovered assets or goods’ value on legal fees or can we secure payment of legal costs?
Can we cater for our clients’ demands? Yes, we can.
By, amongst others,
- actively searching for assets, for example by tracking vessels;
- a thorough knowledge on arrest law and national and international principles on arrest and security;
- using T&C or market principles;
- using European arrest and payment order proceedings;
- a closing net of experienced international contacts,
we hardly ever fail to achieve.
Defence counsel for the Russian-Cypriot holder of security rights in >100 containers to be sold per judicial auction.
Advising a major owner/operator on sludge disposal per MARPOL and Dutch port standards.
Defence counsel for Swiss industrialists in a technical dispute. On the basis of a battle of the forms-defence, the case was dismissed in the Netherlands with highly favorable effects for clients.
Defence counsel for vessel owner re an unjust and contractually exonerated demurrage claim.
Advising German industrialists in a European tender procedure.
Acting for vessel owners in a technical dispute regarding vices in a bow thruster installed in a new-build seulting in extensive hull damage.
Defence counsel for pushboat owners in an extensive allision (barge – quay) case.
Drafting of T&C for vessel managers, surveyors and shipyards.
Acting for vessel owners in a new-build dispute over hidden vices in a non-return valve resulting in extensive hull damage.
Acting for vessel owners against a shipyard in a dispute over contractual scope, performance and pricing.
Advising major shipowners on forum and choice of law clauses in contracts of affreightment.
Advising shipowner on a Maritime Labour Convention claim for death of a seafarer.
Defence counsel for pushboat owners in a collision between a pushtrain and a pleasure craft.
Acting for major maritime traders in an international asset recovery matter against a former contractual partner.
Acting for shipowners in a collision between a tanker and a pushtrain.
Acting for insured interests of an antiques estate in an insurance coverage dispute in an extensive fire damage case.
Defence counsel for insurers of cargo interests in a CMR theft case, in which carriers have launched negative declaratory (limitation) proceeding in the Netherlands.
Acting for shipowners regarding a claim for hull damage following high-pressure water blasting.
Defence counsel for barge owner in extensive limitation of liability proceedings following an allision with a bridge. Bridge owners and pushboat owners launched the claim that the barge was a seagoing vessel. This claim failed, leading to new case law on topic.
Acting for shipowners in a limitation of liability procedure following an oil spill.
Acting for barge owners regarding a hull claim following a three-party collision.
Advising industrial complex managers on facilities contracts and drafting contracts.
Advising and acting for shipowners following an allision with a bridge.
Acting for industrial complex managers in a pricing dispute.
Acting for an international bank in a major international asset recovery matter.
Acting for shipowners regarding hull damages following a three-party collision.
Defence counsel for pushboat owners and operators in a canal collision between a pushtrain and an inland vessel, which collision was caused by suction and lead to extensive damage.
Defence counsel for pushboat owners in an allision between a bridge and a barge following the anchoring of the barge by the pushboat.
Defence counsel for shipowners encountering an unjust collision claim (no liability).
Acting for pushboat owners and operators in a major limitation of liability case following the collosion of an inlang barge with a pushtrain.
Acting for barge owners in a dispute over hull damages against the barge’s carriers.
Acting for major maritime traders in an international asset recovery matter against shipowners.
Advising and drafting SPA of a vessel.
Advising on lease of property for major German industrialists and drafting the relevant contracts.
Acting for major maritime traders in an international asset recovery matter against former contractual partner.
Acting for maritime agents of a vessel sold per judicial auction.
Advising shipowners in allision matter in the Dutch Antilles following a hurricane.