Shipping & Transport

Beaufort Litigation acts for owners, charterers and transportation companies and is specialized in all aspects of wet and dry shipping and transportation in the short-sea and brown water markets.

Dispute resolution

Beaufort Litigation acts before Dutch Courts and Arbitral Tribunals (ICC, NAI, UNUM) on a day-to-day basis. Because your interests are not always best served by ‘going to court’, we often go to great lengths to negotiate out of court. And with success. When your interest is best served by lititgation, expect us to go full-on. But: we always advise, plan and discuss tactics. We thoroughly believe in the credo: ‘do not bleat, but bite’.

We act for H&M, P&I and FDD insurers on a near 24/7 basis. We assist owners, charterers and transportation companies, as well as correspondents and dedicated claims handlers, in:

  • collisions and allisions;

  • technical vices and H&M disputes;

  • general average;

  • limitation of liability; and

  • cargo claims, amongst which road transportation matters.

Contractual and advisory

Our clients are well-versed in their trade and in contracting their business. We know the gaps, ineffective clauses and legal remedies to tie the knots together. We draft contracts, opine and advise on contracts and contractual relations and on how to undo them or to optimize contractual effects. We do not aim to hold your hand, but to be that clever sparring partner when it comes to:

  • sale & purchase of vessels, as well as newbuilds;

  • charter agreements;

  • contracts of carriage;

  • contractual securities.

Trade & Commercial

Beaufort Litigation acts for traders, banks, technical suppliers, agents and the industrial sector. We know the market you are in and are keen on getting to know your company and business interests.

As Dutch shipping and trade litigators we are well-known to be hands-on and tough professionals. Not easily impressed by the size of a claim, the complexity or internationality of an issue, the number of lawyers brought forward by an adversary or (most certainly not) by threats of arrest of assets, we draw the map and simply deal with the situation to your best advantage. We know and are able to quickly decide on whether or not you are best catered for in the Netherlands or elsewhere, both in contract and in court.

This practical no-nonsense approach makes us attractive sparring partners for the trade and commercial markets. And generally our rates are more favorable than large full service firms.

We assist you in:

  • contract negotiations – either in the background or alongside you;

  • contractual disputes – in an advisory role and/or as your out of court counsel;

  • dispute resolution – in arbitration proceedings (ICC, NAI, UNUM), before the Netherlands Commercial Court or in the regular Dutch court system.

On the one hand, our clients have affinity with the shipping and transportation world. We act for traders, technical suppliers and agents in a large variety of commercial matters.

On the other hand, our clients are in the industrial sector, such as the technical manufacturing industry, are managers of industrial complexes, are banks and financiers or holders of security rights.

Insurance & Regress

Beaufort Litigation acts for H&M, P&I and FDD insurers, insurance brokers, correspondents and dedicated claims handlers on a near 24/7 basis. We know the applicable clauses and how to apply them.

Beaufort Litigation acts before Dutch Courts and Arbitral Tribunals (ICC, NAI, UNUM) on a day-to-day basis. Because your interests are not always – or better: generally not – best served by ‘going to court’, we often go to great lengths to negotiate out of court. And with success.

We are typically instructed in the following cases:

  • collisions and allisions;

  • technical vices and H&M disputes;

  • fire on board;

  • general average;

  • limitation of liability; and

  • cargo claims, amongst which road transportation matters.

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.

Advisory, litigation, defence

Advising a major owner/operator on sludge disposal per MARPOL and Dutch port standards.

Advisory, contractual

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.

(Pre-)litigation, advisory

Defence counsel for vessel owner re an unjust and contractually exonerated demurrage claim.

Advisory, defence

Advising German industrialists in a European tender procedure.

Advisory, (pre-)litigation)

Acting for vessel owners in a technical dispute regarding vices in a bow thruster installed in a new-build seulting in extensive hull damage.

Advisory, litigation

Defence counsel for pushboat owners in an extensive allision (barge – quay) case.

Advisory, defence

Drafting of T&C for vessel managers, surveyors and shipyards.

Advisory, contractual

Acting for vessel owners in a new-build dispute over hidden vices in a non-return valve resulting in extensive hull damage.

Advisory, litigation

Acting for vessel owners against a shipyard in a dispute over contractual scope, performance and pricing.

Advisory, (pre-)litigation

Advising major shipowners on forum and choice of law clauses in contracts of affreightment.

Advisory

Advising shipowner on a Maritime Labour Convention claim for death of a seafarer.

Advisory

Defence counsel for pushboat owners in a collision between a pushtrain and a pleasure craft.

Advisory, litigation

Acting for major maritime traders in an international asset recovery matter against a former contractual partner.

Litigation

Acting for shipowners in a collision between a tanker and a pushtrain.

Litigation

Acting for insured interests of an antiques estate in an insurance coverage dispute in an extensive fire damage case.

Advisory, litigation

Defence counsel for insurers of cargo interests in a CMR theft case, in which carriers have launched negative declaratory (limitation) proceeding in the Netherlands.

Litigation

Acting for shipowners regarding a claim for hull damage following high-pressure water blasting.

Litigation

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.

Litigation

Acting for shipowners in a limitation of liability procedure following an oil spill.

Litigation

Acting for barge owners regarding a hull claim following a three-party collision.

(Pre-)litigation

Advising industrial complex managers on facilities contracts and drafting contracts.

Advisory, contractual

Advising and acting for shipowners following an allision with a bridge.

Advisory, (pre-litigation)

Acting for industrial complex managers in a pricing dispute.

Litigation

Acting for an international bank in a major international asset recovery matter.

Advisory, litigation

Acting for shipowners regarding hull damages following a three-party collision.

Litigation

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.

Litigation

Defence counsel for pushboat owners in an allision between a bridge and a barge following the anchoring of the barge by the pushboat.

(Pre-)litigation

Defence counsel for shipowners encountering an unjust collision claim (no liability).

Litigation

Acting for pushboat owners and operators in a major limitation of liability case following the collosion of an inlang barge with a pushtrain.

Litigation

Acting for barge owners in a dispute over hull damages against the barge’s carriers.

(Pre-)litigation

Acting for major maritime traders in an international asset recovery matter against shipowners.

(Pre-)litigation

Advising and drafting SPA of a vessel.

Advisory, contractual

Advising on lease of property for major German industrialists and drafting the relevant contracts.

Advisory, contractual

Acting for major maritime traders in an international asset recovery matter against former contractual partner.

(Pre-)litigation

Acting for maritime agents of a vessel sold per judicial auction.

Advisory, litigation

Advising shipowners in allision matter in the Dutch Antilles following a hurricane.

Advisory