Panama has established a specialized maritime
tribunal to deal with complicated maritime disputes.
Whether these involve vessels, breach of charter
agreements, contractual or labour disputes,
or damages to cargo or valuables during shipping,
experts are available to resolve the dispute, ensuring the continuation
of trade internationally. Panama
retains jurisdiction in arrest cases to resolve
the principal dispute. Attorneys
Administrators and Consultants has experienced
attorneys that can assist in maritime litigation
of any type, including:
- Ship arrest and injuctive relief,
- Defense of personal injury claims,
- Bunker claims,
- Carriage of goods claims,
- Charterparty disputes,
- Marine insurance and reinsurance claims,
- Collision, salvage and related marine
casualties,
- General average and cargo transhipment,
- Shipbuilding, ship repair,
ship sale and MOA disputes
Maritime litigation - Ship Arrest
According to Law No. 8 of 30 March 1982, which created the Maritime
Court and regulated the Maritime proceedings,
the attachment of a vessel may be ordered in the following cases:
- To enable
the enforcement of maritime claims before the
Maritime Court in Panama against foreign defendants
whether the cause of action arose inside or outside Panama.
- To effect physically seizure of property susceptible to attachment
in order to enforce maritime liens over the same.
- To prevent the proceedings from being rendered futile and to
prevent the defendant from transferring, dissipating, encumbering,
alienating or impairing such assets as are susceptible to attachment
procedures.
As you can
observe, the Panama Maritime Code establishes
two separate types of action: one to enforce maritime
liens over vessels, cargo or freight,
which are actions “in rem”, and a second to enforce
any maritime claim against the owner or the charter,
which are actions “in persona”.