Shipping
We sound out
and think laterally.
LEBUHN & PUCHTA is one of the leading law firms in the shipping sector in Germany.
Our experienced lawyers have a comprehensive knowledge of the industry and of the market as well as very active connections to maritime law experts worldwide and are thus able to provide first-class advice across the full maritime law spectrum, including casualties, salvage, ship building, ship management, sale and purchase and ship finance.
Our recognised expertise in shipping law and corporate law enables us to offer 360° advice to shipping companies, covering the entire life cycle of a ship from the planning and financing phases right up to a vessel’s recycling.
Our experts in shipping and maritime law form the team of authors of Chambers Global Practice Guide Shipping 2019 for Germany.
Contacts
Arrest
In certain circumstances a creditor is entitled to arrest a ship in order to secure its claim.
Ship arrest is a long-standing and integral part of the shipping law practice at LEBUHN & PUCHTA.
Since the reform of German maritime law which took effect in 2013, the arrest of ships has gained in importance in Germany. We cooperate closely with numerous law firms in all significant port cities and jurisdictions worldwide in order to obtain or defend ship arrests in foreign countries.
Inland
Navigation
LEBUHN & PUCHTA is one of the leading law firms in Germany in the inland waterways shipping sector.
With our experienced team built around Dr. Johannes Trost - mentioned in The Legal 500 as an “eminent expert on inland waterways shipping” - we are able to handle highly complex and controversial cases.
We have particular experience in the fields of casualties, fire, capsizing and salvage as well as wreck removal and environmental damage. We also regularly handle cases concerning the contamination of cargo and other cargo damage as well as technical damage (coating, corrosion, vibration). We are one of the few law firms in Germany with specific experience of establishing limitation of liability funds (CLNI) and litigating issues as to the scope of the limitation these funds provide.
Our success in acting for our clients is based on a profound knowledge of the AVB terms for the insurance of inland hull risks and knowledge resulting from dealing with many claims for P&I clubs and hull insurance companies as well as a detailed understanding of technical and nautical matters.
Maritime
casualties /
Salvage
Maritime casualties and salvage are part of the core areas of competence of LEBUHN & PUCHTA.
Our individual teams are deployed flexibly and are experienced. Some of our lawyers also have nautical qualifications. This enables us to prepare the ground for the appropriate strategic decisions and secure valuable evidence for later use in court, during the particularly important initial reaction phase. This includes sea protests as well as the taking of statements from crew members, the securing of documents and VDR records and can extend if necessary to the arrest of sea-going or non-sea-going vessels as well as to the establishment of liability funds.
We aim to avoid litigation. However this is not always possible, especially as complex cases typically involve flagged out vessels and offshore companies. From the outset, we therefore prepare for possible legal proceedings.
We are experienced with the essential coordination work involving port authorities, the police and environmental authorities as well as the media in order to minimise consequential damage including reputational harm.
Classification
For many years LEBUHN & PUCHTA has advised major shipping classification societies in Germany comprehensively with regard to their legal matters.
Our work ranges from the drafting and finalisation of contracts (classification contracts, standard terms and conditions) to representation in litigation before courts of law and arbitration tribunals.
Deep Sea
Mining
The wide-ranging competence of our lawyers in the field of offshore plant construction and the relevant international regulations as well as the UN Convention on the Law of the Sea (UNCLOS) makes LEBUHN & PUCHTA the ideal partner for legal questions of deep-sea exploration and deep sea mining.
We advise clients on issues of contract drafting and finalisation, for example with regard to shipbuilding agreements, charter and ship management agreements as well as the requirements of the International Seabed Authority. We have specialist knowledge in providing legal guidance pertaining to the construction and operation of prototypes and special-purpose ships. We have the expertise to represent clients in disputes concerning deep-sea exploration and deep sea mining, including in contentious and dispute resolution proceedings under the UN Convention on the Law of the Sea.
Shipbuilding /
Sale & Purchase /
Ship Management
The lawyers at LEBUHN & PUCHTA have very substantial experience of contracts for the construction, sale & purchase, and management of ships, under both German and English law.
We assist our clients with the drafting of ship building agreements for all kinds of ships (including special-purpose ships and megayachts). When issues arise during the course of a project, we provide guidance, including for the amendment or rescission of ship building agreements. We assist in enforcing or defeating resulting claims in court and international arbitration.
We offer our clients comprehensive legal guidance in connection with the sale and purchase of vessels including yachts for private and commercial use. Our advice covers for example the negotiation of the memorandum of agreement, registration and parallel (bareboat) registration in national and foreign registers, terms of use. We do not advise on tax matters.
Owing to the increasing demands placed on ship managers, ship management contracts are becoming increasingly complex, including with regard to crewing. We have in-depth legal knowledge and practical experience which enable us to provide the best possible support to our clients in all legal matters relating to ship management.
Ship Financing
LEBUHN & PUCHTA has a team of lawyers with substantial experience in many fields relating to ship financing.
This ranges from the preparation and negotiation of the loan agreement and security documentation for traditional ship mortgage loans to the structuring of equity finance and advising on alternative fleet financing models and the corresponding collateral.
Ship Recycling
LEBUHN & PUCHTA has extensive experience in the legal handling of so-called last voyage vessels and with regard to the dismantling of vessels in accordance with environmental regulations (“Green Ship Recycling”).
Currently, the dismantling of ships is looked at through the prism of waste management laws. This will gradually change. According to the Hong Kong Convention (not yet in force), ships are to be recycled in accordance with a specific regime by certified, specialised ship dismantling facilities. The EU Ship Recycling Regulation already implements the regime set out in the Hong Kong Convention. Measures for the certification of ship dismantling facilities are implemented worldwide on the basis of this model.
We advise our clients comprehensively on the legal framework applicable to ship recycling and assist them with the efficient structuring and compliant realisation of their recycling projects.
Dry Shipping
Ever since the firm was established in 1950, one of the core areas of work at LEBUHN & PUCHTA has been shipping law including cases such as cargo damage, general average and charter party disputes.
We also advise our clients on an ongoing basis when drawing up the terms for a bill of lading, when entering into charter parties and with regard to major and complex contracts of carriage or affreightment.
Yachts and
Superyachts
LEBUHN & PUCHTA advises its clients on all legal issues relating to exclusive yachts, custom builds and superyachts.
Based on the depth of our experience in commercial maritime shipping and our personal commitment to sailing and motor yachts, we are the ideal advisors and partners where professional yachting issues are concerned. We act for our clients in the negotiation of shipbuilding contracts and the structuring of the ownership and management, as well as on issues ranging from ship operation (registration, management, insurance) to marine casualties.