Maritime Litigation
Overview
Seward & Kissel advises clients across the shipping industry on complex disputes in courts and arbitral forums throughout the United States and around the world.
The firm works with marine lenders, shipowners, institutional investors, private equity and private credit funds, bondholders, issuers and shareholders, public and privately-held shipping companies, ship operators, ship managers, charterers, and other participants in the business of shipping. Drawing on experience across both domestic and international litigation, investigations, corporate, and regulatory matters, the firm helps clients assess risk, coordinate strategy across jurisdictions, and pursue practical resolutions.
The firm’s maritime litigation work includes:
• Shipping securities actions
• Derivative actions
• Maritime attachments
• Vessel arrests and foreclosures
• Maritime arbitration
• Sanctions, corrupt practices, and regulatory matters
• Workouts and restructurings
• Maritime bankruptcy
• Piracy and crisis response
• Marine insurance and reinsurance disputes
• Shipping derivatives
• Environmental matters
• Commercial disputes
• Employment matters
Capabilities
Related Practice Areas
Representative Work
Representative matters include:
- Representing international commodities trading company in two arbitrations against a Venezuelan government-related iron ore company, securing final awards of more than $200 million after 25 days of hearings.
- Providing expert testimony and legal opinions related to matters of US sanctions law and regulation.
- Representing individuals and entities in government and internal investigations, and related litigation and arbitration, in connection with US sanctions-related matters connected to the shipping industry.
- Represented a private credit fund in connection with a shipping investment, obtaining summary judgment in defending two ship arrest actions in federal courts in Texas and Oregon involving claims related to liabilities of a retained ship manager.
- Represented a global financial institution, as security agent, in resolving approximately 48 federal court actions in the United States following the collapse of O.W. Bunker & Trading A/S and O.W. Supply & Trading A/S.
- Represented a publicly-held shipping company in defense of securities fraud class action in New York federal court concerning stock splits and securities issuances.
- Represented a publicly-held shipping company in defending direct and derivative claims made in the Republic of the Marshall Islands and later re-filed in the U.S. District Court for the Western District of Texas.
- Represented defendant ship owner in successfully obtaining forum non conveniens dismissal from action brought in the Republic of the Marshall Islands at trial and on appeal to the Marshall Islands Supreme Court.
- Represent publicly traded shipping companies in reviews by FINRA and NASDAQ relating to trading activity in advance of major announcements.
Related Practice Areas
Representative Work
Representative matters include:
- Representing international commodities trading company in two arbitrations against a Venezuelan government-related iron ore company, securing final awards of more than $200 million after 25 days of hearings.
- Providing expert testimony and legal opinions related to matters of US sanctions law and regulation.
- Representing individuals and entities in government and internal investigations, and related litigation and arbitration, in connection with US sanctions-related matters connected to the shipping industry.
- Represented a private credit fund in connection with a shipping investment, obtaining summary judgment in defending two ship arrest actions in federal courts in Texas and Oregon involving claims related to liabilities of a retained ship manager.
- Represented a global financial institution, as security agent, in resolving approximately 48 federal court actions in the United States following the collapse of O.W. Bunker & Trading A/S and O.W. Supply & Trading A/S.
- Represented a publicly-held shipping company in defense of securities fraud class action in New York federal court concerning stock splits and securities issuances.
- Represented a publicly-held shipping company in defending direct and derivative claims made in the Republic of the Marshall Islands and later re-filed in the U.S. District Court for the Western District of Texas.
- Represented defendant ship owner in successfully obtaining forum non conveniens dismissal from action brought in the Republic of the Marshall Islands at trial and on appeal to the Marshall Islands Supreme Court.
- Represent publicly traded shipping companies in reviews by FINRA and NASDAQ relating to trading activity in advance of major announcements.
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