Maritime and shipping lawyers in Chennai
Vessel arrests, cargo claims, charterparty disputes and maritime contracts.
Overview
We handle shipping disputes, cargo claims, vessel arrests and maritime contracts. Chennai is a major port, and the Madras High Court exercises admiralty jurisdiction under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017.
That Act lists the High Court of Madras among the courts that may hear admiralty proceedings, and the jurisdiction runs over the waters up to and including the territorial waters of the state. The Act applies to every vessel, whatever the residence or domicile of the owner, so a foreign ship calling at Chennai can be arrested here to secure a claim.
A maritime claim can be brought against the vessel itself under section 5 of the Act, or against the owner or charterer under section 6. Charterparty and carriage contracts often send disputes to arbitration abroad, and in India such disputes turn on arrest, security and the enforcement or challenge of awards under the Arbitration and Conciliation Act, 1996. The time limits in this area are short, so the dates on the bill of lading and the charterparty are the first things to check.
Our Maritime Law services
Admiralty actions
Vessel arrest
Applications to arrest a ship within the court's jurisdiction as security for a maritime claim, and applications to release an arrested ship against security. Section 5 of the 2017 Act allows the arrest of a vessel within the jurisdiction when one of the conditions in section 5(1) is met, and in some cases the arrest of another vessel in place of it.
Maritime claims and liens
Claims for crew wages, salvage, collision damage, supplies and repairs, and the priority of maritime liens under the 2017 Act. Maritime liens rank ahead of registered mortgages on the vessel. Among liens, wages and repatriation costs rank first, followed by death and personal injury claims, salvage rewards and port dues.
Cargo and carriage
Cargo claims
Claims for loss, shortage and damage to cargo under bills of lading, for cargo interests and for carriers. Written notice of loss or damage goes to the carrier at or before removal of the goods, and suit must be filed within one year under the Carriage of Goods by Sea Act, 2025.
Freight and demurrage
Claims for unpaid freight, demurrage and detention charges, under the charterparty or the bill of lading or both.
Contracts and arbitration
Charterparty disputes
Disputes under voyage and time charters, which often go to arbitration, and enforcing the resulting awards in India. Where an award is challenged, the application is made under section 34 of the Arbitration and Conciliation Act, 1996.
Maritime contracts
Drafting and reviewing charterparties, ship sale agreements, agency and bunker supply contracts.
Laws we work with
- Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017
- Carriage of Goods by Sea Act, 2025
- Bills of Lading Act, 2025
- Merchant Shipping Act, 2025
- Arbitration and Conciliation Act, 1996
- Major Port Authorities Act, 2021
- Indian Contract Act, 1872
Courts and tribunals
- Madras High Court (admiralty jurisdiction)
- Arbitral tribunals
Questions and answers
Frequently asked questions
8 questions. These answers are general information about Indian law, not legal advice on your situation.
Can a ship be arrested in Chennai even if it is foreign?
Yes. The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 applies to every vessel, whatever the residence or domicile of its owner (section 1(2)), and the High Court of Madras is one of the courts listed in section 2(e). Under section 5(1) the court may order the arrest of a vessel within its jurisdiction to secure a maritime claim where it has reason to believe that one of the conditions in that sub-section is met, for example that the person who owned the vessel when the claim arose is liable and still owns it.
Can a ship other than the one involved in the claim be arrested?
Sometimes. Section 5(2) of the 2017 Act allows the arrest of another vessel in place of the vessel against which the claim arises, but the conditions in section 5(1) must be satisfied in relation to the vessel to be arrested, as the Supreme Court held in Owners and Parties Interested in M.V. Nereus Progress v. Om Freight Forwarders Ltd. (2026 INSC 1055). A claim about the ownership or possession of a vessel cannot be secured this way.
How is an arrested vessel released?
The vessel is released once security acceptable to the court is furnished for the claim, commonly a bank guarantee. In M.V. Al. Quamar v. Tsavliris Salvage (2000) 8 SCC 278 the Supreme Court allowed release on a bank guarantee of a nationalised bank for an amount fixed by the Registrar (Judicial) of the High Court. Section 11(2) of the 2017 Act lets the person providing security apply to have it reduced, changed or cancelled.
How long do I have to bring a cargo claim under a bill of lading?
Notice of loss or damage in writing should reach the carrier at or before removal of the goods, or within three days where the damage is not apparent; without that notice, delivery as described in the bill of lading is prima facie proved (Article III rule 6 of the Schedule to the Carriage of Goods by Sea Act, 2025). Suit must in any event be filed within one year of delivery of the goods or the date they should have been delivered. The parties can extend the year by agreement after the claim arises, and the court may allow up to three months more.
What claims can be brought against a vessel in the Madras High Court?
Section 4(1) of the 2017 Act lists the maritime claims the court can hear. They include disputes over the ownership or possession of a vessel, mortgages, damage caused by the operation of a vessel, loss of or damage to goods, carriage and charterparty agreements, salvage, towage, pilotage, supplies and repairs, crew wages and port dues. The claim is brought against the vessel under section 5 or against the owner or charterer under section 6.
Who is paid first when a vessel is sold by the court?
Claims with a maritime lien come first, then registered mortgages and charges on the vessel, and after them all other claims (section 10 of the 2017 Act). Among liens, wages and repatriation costs rank ahead of death and personal injury claims, salvage rewards, port and waterway dues and other tort claims (section 9).
How long does a maritime lien last?
A maritime lien survives a change of ownership, registration or flag, but it is extinguished after one year unless the vessel has been arrested and the arrest has led to a forced sale by the court (section 9(2) of the 2017 Act). For wage claims the period is two years from the date the sum falls due.
How long do I have to challenge an arbitral award in a charterparty dispute?
An application to set aside an arbitral award must be made within three months of the date the party received the award, under section 34(3) of the Arbitration and Conciliation Act, 1996. If the court is satisfied that the applicant was prevented by sufficient cause, it may hear the application within a further thirty days, but no later.