Bose & Mitra & Co.

Shipping

Shipping has been our core speciality since the inception of our Mumbai office in the year 2004 and we pride ourselves as being the leading Shipping Law Firm in India. We represent the full spectrum of those involved in the industry, including ship owners and charterers, P&I Clubs, banks, international agencies, shipyards, marine insurance underwriters, the various limbs of the Indian government and brokers.

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Commodities

We specialize in both hard commodities (such as iron ore, coal, bauxite, steel) and soft commodities (such as agricultural produce, soya bean). The firm seeks to leverage its extensive experience and expertise that we have gained from working with some of the largest commodity traders in the world. We have been involved in arbitrations arising under sale contracts involving a wide spectrum of issues which inter alia include cargo contamination & “off–spec” claims, late shipment/delayed arrival claims etc.

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Oil & Gas

We have acted on behalf of several upstream oil and gas players in various exploration and production (E&P) projects and have previously advised, Indian and international oil companies, service contractors, and insurers. We have also drafted and vetted contracts involving Land Rigs. We have handled arbitrations involving memorandum of understanding relating to the deployment of an FPSO vessel, for a tender awarded by ONGC. We have been involved in arbitrations and litigations on behalf of foreign clients,

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Insurance

We regularly deal with all aspects of hull, cargo and commercial insurance disputes which inter alia include, policy coverage and interpretation, liability, misrepresentation, fraudulent claims, policy avoidance, non-disclosure. We are presently involved in an arbitration involving an all risk insurance policy relating to the alleged adulteration of goods whilst the same were in the custody of a road transporter.

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Marine Casualty Investigation

We have worked on some of the most high-profile shipping casualties occurring in Indian waters such as the Genessa, New Diamond, Maersk Honam, SSL Kolkata, MV Amber, Tiger Spring, MSC Chitra – Khalija, Pavit, DenDen, Ocean Seraya over the past two decades, encompassing collision, salvage, general average, unseaworthiness, fire, explosion, groundings and wreck removal. Our lawyers have gone on board Vessels, to obtain statements from the seafarers and work in close coordination with surveyors and port state control authorities.

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Enforcement, Security and
Asset Tracing Actions

We regularly appear before Courts all over India in actions involving the recognition and enforcement of foreign arbitral awards and Foreign Court judgement. The firm has acted for a leading international energy trading company in enforcing a USD 70 Million London arbitral award against an against an Indian buyer in connection with an Indian company’s failure to perform a long-term coal supply contract. This action involved investigation of allegedly fraudulent asset transfers across multiple jurisdictions and insolvency proceedings wherein we have sought a personal contribution from the shadow directors of the company.

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Non-Contentious /
Transactional matters

We are one of the few firms in India having considerable expertise in ship sale and purchase transactions. Our firm deals with sale and/or purchase for both second-hand and new-built vessels and also deals with preparing ship-building contracts. We assist ship-owners for registration both under Indian Flag and Foreign Flags. Prior to the purchase of the vessel, we negotiate the terms of the contract, namely, the Memorandum of Agreement and the Addenda thereto which defines the rights and obligations of both the parties and allocates risks to be borne by the parties We provide assistance in drafting and vetting the various agreements associated with the sale including ship and crew management contracts and performance guarantees.

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