Claims related to priority rights, arising out of services rendered to or injuries caused by maritime property, which are enforceable in rem against the ship, cargo or freight. A maritime lien is both a right in the maritime property (jus in re) and a right against the property (jus in rem). The lien attaches simultaneously with the cause of action and adheres to the maritime property until it is either executed through the in rem legal process or is extinguished by operation of law.
Claims founded on seafarer’s´ death or injuries caused by the fault and/or negligence of the employer, enforceable against the vessel, the shipowner or the charterer, by not complying with the safety standards required by law.
Claims related into maritime accidents because of the impact between two ships or one ship and a floating or still object such as an iceberg, that cause a responsibility of a loss of a human life, the environmental impact of oil spills, financial consequences to local communities close to the accident and or financial consequences to shipowners, due to ship loss or penalties, also a damage to coastal or off-shore infrastructure. (for example collision with bridges).
Claims related to ships in distress, cargo, freight or any other “maritime property” for services qualified as salvage, either voluntary or contractual, under the applicable law. As well as, claims related to the removal of grounded or sunk vessels.
Vessels are considered by law immovable assets, thus contracts for the sale of the vessels require requires registration of the contract to effectively change ownership. Panamanian consulates offer authentication procedures all over the world to guarantee solemnities and effectiveness. Typical transactions involves drafting of Bill of Sale and Acceptance of the assets. Some litigation has come about regarding the specifications or quality of new constructions prior or after sea trials.
Disputes concerning to the merits of salvors to acquire treasure of a historic shipwreck or receive a salvage award for rescuing wrecks with an historical or archaeological value.
The maritime catastrophes have been within the realms of study of the Maritime Courts of Panama. Landmark cases have involved the burning down of cruiseship, intentional groundings with the Panama Canal waters and the sinking of a vessel after head on collisions.
Contractual disputes related with the exculpatory provisions about a party who attempt to relieve or limit the responsibility of his or her own negligence because of the damages occasioned by his own conduct.
Claims from cargo interests and those entitled to obtain contribution from the other parties to the common venture (cargo or the ship), due to any extraordinary sacrifice or expenditure, intentionally and reasonably made or incurred for the common safety for the purpose of preserving from peril the property involved in a common maritime adventure.
According to Panamanian Law, when the damages for contamination were produced for two or more vessels, aircraft, maritime or terrestrial facilities or two or more of these, The owners or operators will incurred in joint and several liability for all the damages that were not possibly legal or reasonable apportionable.
The owner, ship owner or operator of a vessel, aircraft or sea or land facility will be responsible for all pollution damage occurring during a download or series of discharges of polluting substances.
Contractual disputes in which the Bunker Supplier may sue the buyer by a breach of contract for failure to pay any or part of the total amount stated on the receipt of bunker delivery in the time specified in the terms and conditions of the bunker’s sale; An arrest of the vessel could be made if the maritime claim arises, and if the owner is liable for the claim or if, under the applicable law, recovery against the vessel following such arrest is possible.
Disputes against the bunker owner, in which the ownership of the bunkers lies with the person in charge of the vessel (owner, agent, charter etc.), the parties affected may sue the owner/vessel regarding the owner information on Bunker Order Confirmation, and bunker delivery receipt.
Contractual disputes in which the Bunker Buyer may sue to the Bunker Supplier by a breach of contract for a late bunker supply and or fail to supply the bunker in the date or time specified according contract of the bunker’s sale, and or negligence when do the supply with a different type of bunker of the requested; An arrest of the vessel could be made if the maritime claim arises, and if the owner is liable for the claim or if, under the applicable law, recovery against the vessel following such arrest is possible.
Contractual disputes in which the parties may sue by reason of loss or damage to the cargo occurred during the period of carriage; regarding the information as to the goods loaded, and contractual terms of the bill of lading which binds the carrier and the lawful holder of the contract of carriage; as well as contractual disputes which arise between the shipowner and the charterer for the use of the vessel considering the clauses incorporated within the charterparty.
Maritime claim by the shipper or consignee to a carrier for financial reimbursement for a loss or damage of a shipment. (Freight claims are also known as shipping claims, cargo claims, transportation claims, or loss and damage claims)
The maritime law embraces the principles of agency. Maritime driven transactions commonly involve a person signing on behalf of a principal. The law of agency determines where liability is allocated and whether or not principal is bound by acts of agents. Agents can be disclosed, undisclosed or implied.
Cargo disputes under contracts of carriage such as sea waybills, or delivery orders; or any other than contractual addressed by the shipowner, the carrier, the shipper, the cargo owners, insurance companies, or whoever party with an interest on the carriage of the goods. Namely, for bailment, negligence, conversion, or misdelivery of the cargo.
An insurance claim is a contractual dispute by the the insured, making a formal request to an insurance company asking for a payment based on the terms of the insurance policy for the damages caused to him. The insurance company reviews the claim for its validity and then pays out to the insured or requesting party (on behalf of the insured) once approved.
The claims of the insurance companies are when they can prove that the insured receives an improper payment about a complain it was made by their own responsibility, guilt or negligence.
All this varying the type of insurance:
Hearings before the Board of Local Inspectors is a fact finding hearing held by the Panama Canal Authority. Parties attend the hearing wherein the causes of the collisions or possible claims against the Panama Canal. The hearing commonly concludes with porcentual determination of liability of the parties.
Third parties may be involved indirectly in claims involving damages against the Canal. Charterers of the vessel and/or cargo owning interest have rights in litigation proceedings.
Claiming against the Panama Canal commences with an administrative claims at the Panama Canal Authority. Since under Panama Canal Regulations, pilotage is compulsory, an objective standards of liability is in force. If an accident ensues, the Panama Canal Authority conducts investigation to determine the fitness of the vessel to stand transit.
