As a lawyer, I have started maritime claims in a basic and practical way from the Islamic Republic of Iran Shipping Company. I have been working with this company for many years and I am currently working as one of the lawyers, I gained valuable experiences in this way. Experiences that have been accompanied by failure and purity, and every case has been an opportunity to conduct extensive research in that regard. Therefore, I intend to share my experiences with lawyers and holders of maritime cases in the courts of justice. May they benefit from it as much as possible in their success. Due to their specific complexities and technicality, maritime files require compliance with the following:
1- Having enough experience:
The first and most important factor is having the skill and experience of participating in court sessions related to maritime issues and disputes. Maritime disputes, considering that they are at a lower level in terms of quantity compared to other court cases, make the opportunity to attend sessions of these cases the best experience. Usually, lawyers active in the field of maritime litigation also do not have significant experience due to the small number of maritime cases.
2- Nobles to internal laws:
Success in maritime litigation, at the second stage, requires knowledge of the laws and regulations issued by the Ports and Maritime Organization. The Maritime Law of Iran is considered the most important law in handling maritime cases, and it outlines the maritime regulations and the responsibilities of the owner, captain, and cargo owner, with the court issuing rulings based on this law.
3- Familiarity with foreign laws and international conventions:
The ship operates as a mobile means in international waters and intersects with international laws and conventions. Defending in related lawsuits without understanding them is considered an incomplete and fragile defense. Some conventions, to which Iran has also acceded under domestic laws, are considered part of domestic law. A skilled lawyer must be aware of them and be able to use them appropriately; defending the rights of the client without referencing foreign laws and conventions may not be possible in some cases and files.
4- Familiarity with the customs of international shipping and navigation:
Active lawyers in the field of maritime disputes must necessarily cite maritime and international customs to substantiate their defense. They should be able to utilize this, especially in cases where one of the parties is a foreign vessel. Generally, the court strongly welcomes the presentation of customs as part of the defense and it can significantly aid in the success of the case. Of course, a lawyer specialized in maritime disputes knows when to refer to the existing customs in a case.
5- Nobility and knowledge of the ship and how to conduct a sea voyage:
A maritime lawyer must have practical experience of traveling by ship to fully understand and utilize the legal issues related to the journey. The depth of understanding many maritime disputes and the ability to determine how to defend them is rooted in the experiences gained during travels. A maritime litigation lawyer, in order to defend the rights of their client, must know the process a ship undergoes from the beginning of the journey to the end or the occurrence of any incident. What actions the ship’s captain or port personnel take, they must know how many types of permits are issued by various authorities during the journey? How are the duties of each defined and what are their effects?
6- Familiarity with financial issues:
A specialized lawyer in maritime cases must be able to understand how the financial issues of travel, cargo, and related agreements can be analyzed. One of the matters relates to insurance policies and the value of goods. Usually, cargo owners consider low amounts when valuing goods for insurance purposes, and the specialized lawyer must be able to analyze the role of this amount in the liability of the parties involved.
7- Familiarity with Incoterms terminology:
One of the most important issues that a specialized lawyer must have expertise in is a relatively complete and comprehensive familiarity with Incoterms. In all transportation contracts, the parties decide on the type of contract term that indicates the responsibilities and duties of each party. These terms are extremely important and play a decisive role in maritime disputes and the type of defense in them. Therefore, it can be said that for a specialized lawyer in the field of maritime disputes, these terms are sometimes more important than the maritime law itself. They can be considered as a master key in the victory of the parties and the realization of rights.
8 – Complete Familiarity with the Bill of Lading
The bill of lading is issued as a transport document by the ship’s captain in 4 copies. A lawyer specialized in maritime litigation must be able to easily identify different types of bills of lading. They should conduct a legal analysis of its contents and the terms used, which are usually in abbreviated form. The bill of lading is considered the most important document in the field of cargo transportation and is regarded as a contract between the parties. Most courts recognize the obligations of the parties upon viewing the bill of lading, and many disputes can be defensibly resolved through a proper legal analysis of the bill of lading. Understanding the contents of the bill of lading generally requires practical activity in the field of transportation, and a specialized lawyer should consult with the ship’s captains if they are not familiar with its provisions. It can be confidently stated that the bill of lading is one of the most important documents in maritime litigation claims. Of course, there are other matters that a lawyer handling maritime cases should be familiar with in order to provide a complete and comprehensive defense of the client’s rights, which will be addressed in subsequent articles.