LEGAL
BARGATE MURRAY
Bargate Murray is an internationally renowned luxury asset law firm with particular expertise in superyachts and private aviation. They provide full service legal support to the yachting industry, acting for clients worldwide including the owners of some of the world’s largest and most iconic superyachts, leading shipyards, marinas, banks and other key industry service providers. The team advise on sale and purchase, construction, operations and management, registration,
finance, ownership structures, insurance, refit, crewing and much more. The dispute resolution specialists have extensive experience in high court litigation and arbitration covering a wide range of superyacht and aviation disputes spanning delivery/warranty, sale and purchase, customs/taxation and charter disputes. For more details Tel: +44 (0)207 7375 1393 or visit
www.bargatemurray.com
Marine law specialists must have some juicy campfire stories up their sleeves and Kelly is prepared to vaguely outline a few: He’s been involved in resolving problems with demanding (and unreasonable) charterers, or charterers getting their helicopter caught on the ties on deck and crashing, and numerous claims for repairs or improvements to be carried out after delivery.
He also remembers an incident where he extracted a superyacht from first an arrest and then effectively an unlawful detainment in Italy: “That was fairly extraordinary,” he says. “It was also ultimately very counter productive for the yard that took those actions, since when the overall position was considered in London arbitration, it turned the dispute from an argument over some €250,000 of refit work into an Award in favour of our clients for over €1,000,000.”
“I was also involved in long running disputes in getting the SY A delivered, some of which went to the High Court.”
In short spend the time in the initial stages making sure every step of the buying process and ownership journey is nailed shut, but forget the operational, refit time and chartering operations - as we’ve heard from our learned colleagues this is an important area when operating a commercial vessel.
Talk to the lawyers as early as you can no matter the project, keep them close and listen to the experienced advice. But most importantly, keep away from the courts, keep the marine cops at a good distance, follow the build process keenly, don’t let unreasonable charter guests get their way, and go get a good lawyer onside.
CLYDE & CO
The yacht team based in Clyde & Co’s Hamburg office has extensive experience of all manner of yachting matters, both domestically and internationally. Their Hamburg- based partners Dr. Tim Schommer and Dr. Volker Lücke have been advising yachting clients for about 20 years. As a team with access to a global network of over 60 offices worldwide, Clyde & Co can assist its clients 24/7 – wherever they are in the world at any given time. Their team members deal with all aspects of yachting (contentious and non-contentious). This includes advising on new build contracts, the sale and purchase of second-hand yachts, the setting up of ownership structures, yacht management insurance, crewing, and charter contracts as well as on the settlement of claims. For more details visit
www.thesuperyachtlawfirm.com
ONBOARD | SUMMER 2023 | 71
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