Facing a Shipping Mortgage Dispute?

Facing a Shipping Mortgage Dispute?

For expert, strategic legal advice on maritime law disputes including enforcement of shipping mortgages in the Bahamas, contact the experienced maritime and litigation lawyers at Parris Whittaker.

Ship registration is relatively new business here in The Bahamas and since the 1976 Merchant Shipping Act was passed, more than 1500 vessels have been registered here including Maersk Line, Exxon International Holland-America Cruises.  Whilst legal services in the shipping and maritime sector are frequently non-contentious, the number of maritime disputes arising in the Bahamas has understandably risen exponentially in recent times.

Our maritime law firm at Parris Whittaker has built a formidable reputation for securing successful results for our clients involved in shipping mortgages, and other matters including:

  • Charterparties
  • Collision salvage
  • Personal injury
  • Shipping lien
  • Shipping arrest
  • Safe port disputes and groundings
  • Liquifaction of cargo
  • Damage to cargo
  • Breach of contract

Potentially, the Bahamas could become a global maritime dispute resolution centre – and we are well-placed to provide potential clients on their shipping disputes.  The litigation lawyers at Parris Whittaker are experienced in dealing aggressively with contentious matters involving shipping mortgages and lenders. 

Ship owners can become particularly concerned about the actions a financial institution might take to enforce its mortgage over a vessel - for instance, on a technical default of a non-financial covenant contained in a complex contract.  Such concerns are understandably heightened in challenging economic conditions.  Our expert maritime lawyers at Parris Whittaker will advise you on your rights where a lender appears determined to enforce its right under its loan agreement and recalling its loan. 

We can act quickly in assisting you avoid ship arrest and negotiate with the lender.  Ship owners cannot afford to be complacent since under existing law, the parties are free to determine the rights and duties within their agreement – even where no money was actually due under the loan - so long as it has the express power of sale under the loan agreement where there is nothing due under the loan. Such terms are unfavorable and draconian but have been upheld by the Court as existing law.  

Also, as a lender, the failure to comply with the Merchant Shipping Act may lead to a very negative result. If you are faced with potential legal problems under your shipping mortgage or loan agreement, consult the expert maritime and dispute resolution lawyers at Parris Whittaker for timely advice.