Admiralty & Maritime Law Services in Bangladesh
Urgent Ship Arrest & Release
When the debtor is about to sail away, you need immediate judicial intervention.
In maritime law, a ship is not just a vehicle; it is an asset that can be "arrested" to secure a claim. At The Justice Corner, we understand that shipping schedules wait for no one. If a vessel owes you money—whether for unpaid bunkers, crew wages, or cargo damage—we can move the Admiralty Court to arrest it before it leaves Bangladesh territorial waters.
Our Capabilities:
- 24/7 Responsiveness: We are prepared to draft filings overnight to secure an arrest order from the High Court Division.
- Sheriff & Customs Coordination: Obtaining the court order is only half the battle. We personally ensure the order is served to the Port Authority, Customs, and the Coast Guard to physically prevent the vessel from sailing.
- Wrongful Arrest Defense: For shipowners, we act instantly to challenge wrongful arrests and secure the release of the vessel to minimize costly demurrage and port stay charges.
Grounds for Arrest (The "Maritime Lien"):
We can assist you in arresting a vessel for:
- Damage done by the ship (Collision).
- Loss or damage to goods carried.
- Unpaid crew wages or Master’s disbursements.
- Unpaid bunkers (fuel) and supplies.
Warning: A ship can leave port in a matter of hours. If you have a claim, contact us immediately. Once the ship crosses the territorial limit, your leverage is gone.
Cargo Damage Checklist and the Urgent Ship Arrest service.
Cargo Damaged at Port? The "First 48 Hours" Checklist.
For Importers and Cargo Owners:
Discovering that your shipment has arrived damaged, soaked, or short-landed at Chittagong or Mongla Port is a crisis. However, your ability to claim compensation depends entirely on the steps you take in the first 48 hours before the goods leave the port area.
1. Do NOT Sign a "Clean" Receipt
- The Trap: Port authorities or truckers may pressure you to sign a delivery receipt quickly to release the goods.
- The Rule: If you see damage, or even suspect it (e.g., torn packaging, wet containers), you must clause the receipt. Write clearly: "Received in damaged condition, subject to survey" or "Packages wet/torn."
- Why: Signing a clean receipt acts as prima facie evidence that the carrier delivered the goods perfectly, making a future claim extremely difficult.
2. Demand a Joint Survey Immediately
- Do not just take photos yourself. You must request a Joint Survey involving:
- The Carrier’s representative (Steamer Agent).
- The Port Authority.
- Your Insurance Surveyor.
- Customs Officials (if applicable).
- Tip: If the Carrier refuses to attend, send a formal invitation via registered post/email immediately. Their refusal to attend will strengthen your case in court later.
3. Serve the "Notice of Loss" (The 3-Day Rule)
- Under the Carriage of Goods by Sea Act, you must notify the carrier of the damage in writing.
- Apparent Damage: Notify immediately at the port.
- Non-Apparent Damage: You have 3 days from delivery to notify them. If you miss this deadline, the burden of proof shifts heavily against you.
4. Mitigate Your Loss
- You cannot simply abandon the cargo and claim 100% value unless it is totally destroyed. You have a legal duty to "mitigate" (minimize) the loss.
- Example: If steel coils are wet, dry them to prevent further rust. If grain is partially spoiled, separate the good grain from the bad.
5. Secure the Documents
- Gather the Bill of Lading, Packing List, Commercial Invoice, and the Survey Report.
- Contact The Justice Corner: Once the Survey Report is ready, we can assess whether to arrest the vessel or file a suit for damages.