A maritime dispute is often won in the first days: precise reservations on delivery, a claim against the carrier brought within the one-year time bar (article L. 5422-18 of the French Transport Code), a conservatory arrest made before the vessel sails. The firm acts from that stage through to judgment or award.

Our Areas of Practice

Thanks to our combined expertise in maritime law and international trade law, we offer our clients consistent support across all their cross-border operations involving carriage by sea.

Maritime law: a technical field serving shipping and maritime trade operators

Maritime law governs the full range of activities linked to navigation, the carriage of goods and passengers by sea, and the operation of ships. It is a hybrid field, sitting at the crossroads of contract law, insurance law, environmental law and private international law, largely shaped by international conventions (the 1924 Brussels Convention, the Hague-Visby Rules, the Hamburg Rules, the MARPOL Convention, the 2006 Maritime Labour Convention) which French law supplements, notably through the Transport Code. The firm advises shipowners, charterers, cargo interests, port operators and pleasure yacht owners on their contracts, their claims and their disputes, in France and internationally.

Carriage and charterparty contracts

Bills of lading and the cargo liability regime

The bill of lading is the central document in the maritime carriage of goods: it serves as evidence of the contract of carriage, a receipt for the goods loaded, and a document of title enabling the goods to be negotiated. Its liability regime, inherited from the Hague-Visby Rules and partly reflected in French law, sets out the carrier’s obligations (seaworthiness of the vessel, care of the cargo) as well as the exemptions and limits of liability applicable in the event of loss or damage. The precise characterisation of the contract (bill of lading, sea waybill, or a contract governed by a charterparty) directly determines the applicable liability regime and the remedies open to the shipper or consignee.

Charterparties: voyage, time and bareboat charters

Chartering places the vessel, with or without its crew, at a charterer’s disposal for a set period or for one or more specified voyages. Voyage, time and bareboat charterparties follow distinct economic and legal logics: allocation of operating costs, demurrage and despatch clauses, speed and consumption warranties, exemption and jurisdiction clauses. Negotiating and drafting these contracts, and handling the disputes that arise from them (delays, shortages, cargo damage), make up a large share of the firm’s practice.

An analysis examines this characterisation boundary: which regime applies to your contract and what it costs you, from the suppletive character of chartering to the block of nullities of carriage.

Maritime casualties and general average

General average and the York-Antwerp Rules

Where an extraordinary sacrifice or expenditure is voluntarily incurred for the common safety of the maritime venture (jettison of cargo, voluntary stranding, salvage costs), the burden is shared among all the interests saved: ship, freight and cargo. This general average mechanism, governed by the York-Antwerp Rules, gives rise to a statement of general average drawn up by an average adjuster, whose contestation requires a fine technical review of the file and a sound grasp of the sector’s practices.

The general average guide is extended by five freely available analyses. The adjustment itself covers who draws it up and how it is challenged, including the court appointed average adjuster under French law. Apportionment and recourse covers who contributes, in what proportion, and who to pursue. The average bond and the average guarantee covers the release of cargo held against security. Sorting the items of the account separates what is allowed from what stays with each interest. Time limits and recourse sets out the three periods that run in parallel.

Two analyses examine this mechanism in detail: who contributes and who to pursue, from the side of fault and recourse, and General average: contribution, security and adjustment, from the side of the calculation and the security.

Damaged cargo, a vessel to arrest, a breached charterparty, an insurer refusing cover: the conduct of the dispute, from reservations to recovery, is set out on the maritime litigation page.

Collision, marine insurance and shipowner liability

Shipowner liability for damage caused to cargo, to other vessels (collision) or to third parties interacts with marine insurance mechanisms (hull insurance, cargo insurance, protection and indemnity (P&I) cover) and with the limitations of liability specific to maritime law, whose regime differs markedly from ordinary civil liability. Assistance covers both the declaration and management of the claim and negotiation with insurers and, where necessary, litigation before the competent courts.

Port law and operator liability

Between a vessel’s discharge and the final delivery of goods, several parties act in succession (stevedores, warehouse keepers, inland carriers) whose respective liability must be determined precisely in the event of damage or loss. Port authorities and cargo-handling operators are subject to specific liability regimes, which interact with the customs and logistics obligations attached to the port passage. This transition zone between sea and inland transport is a frequent source of disputes, particularly where the damage cannot be reliably attributed to a specific stage of carriage.

Two analyses examine this litigation in detail: the six points that decide who pays for damage occurring within the port, from the side of the vessel, the pilot and the tug, and Port damage: who is liable, and how long do you have to act?, from the side of the cargo and the stevedore. The marine pollution lawyer page describes the firm’s method, from the inspection to the limitation fund.

Marine pollution and environmental law

Preventing and remedying pollution of maritime origin (oil, hazardous substances, operational discharges) relies on a dense body of conventions: the MARPOL Convention for prevention, and the CLC and IOPC Fund Conventions for compensating damage from oil pollution. Identifying the liable party (shipowner, charterer, operator), reconciling international compensation regimes with domestic law, and handling the criminal and administrative proceedings that often accompany these cases require expertise combining maritime law and environmental law.

Two analyses examine this litigation in detail: who is prosecuted and what is at stake, from the criminal side, and who pays, and how much, from the side of civil compensation.

Decarbonisation and the environmental transition of shipping

The shipping sector is subject to a fast-evolving environmental framework: the International Maritime Organization’s greenhouse gas reduction strategy, the inclusion of shipping in the EU Emissions Trading System (EU ETS), and the FuelEU Maritime regulation, which imposes a declining trajectory for the carbon intensity of fuels used on board. These new obligations are reshaping contractual negotiations between shipowners and charterers (allocation of carbon costs, environmental compliance clauses) and create new legal risks that operators need to anticipate in their contracts and investment decisions.

Two analyses examine this regime in detail: what the company must surrender and what it risks, from the regulatory side, and who pays the carbon cost, from the side of contractual allocation.

Maritime employment law and seafarer recruitment

Seafarers’ status, and the conditions governing their engagement, repatriation and social protection, are set out in the 2006 Maritime Labour Convention (MLC), transposed into French law within the Transport Code. Recruiting and placing seafarers, whether French or international crew, is governed by precise rules on seafarer employment agreements, working conditions and the liability of the shipowner and manning companies. A breach of these obligations exposes the maritime employer to litigation risk and, in some cases, to the vessel being detained by port state control authorities.

An analysis examines this regime: seafarer recruitment and placement: the six points that decide the shipowner’s liability.

Sale, financing and acquisition of ships and yachts

Acquiring or selling a commercial vessel or a pleasure yacht requires a thorough review of title, mortgage registrations and maritime liens encumbering the vessel, together with appropriate structuring of the transaction (flag, holding structure, financing, security). Cross-border transactions, common in this sector, add a private international law dimension (governing law, recognition of security interests abroad) that must be anticipated from the outset of negotiations to secure the transaction.

That review has a method. It rests on the public register of vessels kept under article L. 5114-2 of the French Code des transports, on mortgage registration as rewritten by the ordonnance of 8 April 2026, and above all on maritime liens, which appear on no register yet follow the hull into the buyer’s hands. Our page on pre-acquisition due diligence for ships and yachts sets out what is checked, in what order, and what the two-month discharge does and does not clear.

Three situations arise most often after the sale: a latent defect on a yacht (corrosion, osmosis, engine hours), a refit or newbuild dispute (delay, defective work, final invoice) and a dispute with the broker (commission, mandate, deposit).

Maritime disputes, arbitration and dispute resolution

Maritime disputes are resolved before the competent state courts or, very commonly, through arbitration, notably before the Chambre Arbitrale Maritime de Paris for disputes governed by French law, or before foreign institutions (London, Singapore) where the contract so provides. The jurisdiction or arbitration clause included in the bill of lading or charterparty often determines, on its own, the procedural outcome of the case; its drafting and application generate substantial litigation, particularly when it is invoked against a third-party holder of the bill of lading.

Delays and reroutings imposed by a conflict zone fall under the regime of maritime deviation; an analysis examines whether your delay will be legally excusable after a Red Sea rerouting.

Marine casualties and special regimes: collision, salvage, passengers, seafarers, wreck removal

Five reference pages each cover a complete regime, from the governing text to the procedure: liability after a ship collision and its apportionment between vessels, the salvor’s reward and the challenge of a salvage invoice, the rights of an injured or delayed passenger and the cruise regime, employment disputes of seafarers on merchant ships, and the removal of a wreck under the Nairobi Convention.

• Ship collision: liability, compensation and procedure in France
• Marine salvage: salvage award, LOF, SCOPIC and disputed invoices
• Cruise and ferry passenger claims: Athens Convention, delay and package travel
• Seafarer employment: contracts, wages, dismissal, injury and shipowner liability
• Wreck removal: owner liability, Nairobi Convention and pollution

We act in every French port, mainland and overseas

Offshore energy: offshore wind, subsea cables and marine operations

An offshore wind farm is a marine construction site before it is a power plant: time-chartered installation vessels, cable-laying ships, foundations delivered by barge, an offshore substation connected by RTE, a maintenance fleet under EU flag. The firm has gathered on a dedicated page the law of these operations, from the AO10 tender response to decommissioning: exclusive economic zone and maritime public domain, the envelope permit, the three-stage connection agreement approved by the CRE on 10 September 2026, construction contracts and charter parties for installation vessels, the status of floating turbines, insurance, litigation before the Conseil d’État. It is the natural extension of the firm’s maritime practice to what is built and operated at sea, with bridges to international trade law for cross-border equipment supply and arbitration.

Vessel charters, cable-laying contracts and marine works on offshore wind projects are covered in detail on our page dedicated to offshore wind vessels, subsea cables and marine operations.

• Offshore energy lawyer in France: offshore wind, subsea cables and marine operations

Yachts and ships: in-depth analyses

Building a yacht: the construction contract, ownership of the hull and the refund guarantee, building in the Netherlands, Germany or Italy, the mortgage on a ship under construction, acceptance, sea trials and hidden defects, disputes with a foreign shipyard and a yard refusing to release a boat.

Operating a yacht: illegal charter, yacht crew and dismissal of the captain, marina berths, assistance and towage at sea and accidents on board. Tax and customs: the commercial yacht VAT exemption and duty-free fuel, proof of VAT paid, temporary admission of a non-EU yacht and holding a yacht through a company.

Shipping: the French International Register (RIF), buying a second-hand ship on the Saleform 2012, port State detention, collision at sea or in port and limitation of liability and the limitation fund.

Resources and maritime law news

The firm publishes a weekly summary of legislative, regulatory and case-law developments in maritime law, together with downloadable practical guides on the topics most frequently faced by shipowners, charterers and port operators.

See all our maritime law news →

Practical guides to download

• The international sale of yachts
• From quay to warehouse: port liability
• Marine pollution liability
• Shipping decarbonisation: who pays?
• Autonomous ships and the IMO MASS Code
• Maritime contracts: charterparty or carriage
• General average and liability
• Seafarer recruitment and placement
• Red Sea, deviation and supply chain disruption

Recent publications in maritime law

Hervé Guyader writes regularly on the maritime questions that shape the firm’s practice. These two recent contributions to the Village de la Justice extend the analyses on this page. They are published in French.

The firm also publishes a weekly maritime law digest and lists its articles, case notes and press contributions on its publications page.

Shipowners and yacht owners who want regular follow-up rather than case-by-case advice will find the details on legal counsel for shipowners and yacht owners.

Typical cases handled

The situations below are illustrative, anonymised scenarios. They show when the firm steps in and what the work consists of.

Damaged cargo and the one-year time bar

A shipper discovers damage on arrival and lets months pass in negotiation. The firm interrupts the one-year period, sues the carrier and claims against the forwarder.

Vessel arrested at Le Havre for a bunker claim

An unpaid supplier has a vessel arrested before departure; the owner obtains release against a P&I letter. The firm acts on either side depending on the matter.

Latent defect on a yacht bought “as is”

Three months after purchase, major corrosion appears. The firm has the defect recorded, assesses the exclusion clause and brings the action in time.

ETS allowance surrender and allocation clause

A time charterer and an owner disagree on who bears the 2026 EU ETS allowances. The firm drafts the allocation clause and settles the dispute over past voyages.

All the firm’s analyses in maritime law, sorted by topic: see the full list.

Frequently Asked Questions

What is general average and how are costs allocated between the parties?

General average is governed by the York-Antwerp Rules (2016 edition): when a sacrifice or extraordinary expenditure is voluntarily incurred for the common safety of the vessel and cargo, the costs are shared proportionally among all interested parties (shipowner and cargo owners) through a general average adjustment prepared by an average adjuster.

Who is liable in the event of marine pollution caused by a vessel?

The shipowner’s liability is governed by the 1992 CLC (International Convention on Civil Liability for Oil Pollution Damage), supplemented by the International Oil Pollution Compensation Fund (IOPC Fund). MARPOL 73/78 also sets the prevention standards applicable on board.

What is a port authority’s liability for damage to cargo or a vessel?

Port authority liability is assessed under the Code des transports and the port’s general terms of operation. It may be engaged for fault in handling, berthing or marking, subject to applicable exemptions and contractual liability caps.

What legal precautions should be taken when buying or selling a yacht internationally?

The transaction requires verifying title of ownership and the absence of a maritime mortgage through the registration authority, securing the sale contract (often on a MYBA-based form), addressing VAT and customs treatment depending on flag and place of delivery, and anticipating the tax regime applicable to the buyer.

What international rules govern the carriage of goods by sea?

The Hague-Visby Rules (the 1924 Brussels Convention, as amended by the 1968 and 1979 protocols) set out the carrier’s liability regime for the “tackle to tackle” period, including exemptions and per-package or per-kilogram compensation limits.

Our maritime practice in detail

Each of the areas below has its own dedicated page: ship arrest, carrier liability under a bill of lading, bills of lading and electronic bills, charterparty disputes, maritime deviation and delay, general average, marine insurance, international sanctions and shipping, yacht sale and purchase and yacht disputes, as well as three post-sale situations: latent defects on a yacht, refit and newbuild disputes and disputes with a yacht broker. For the legal, tax and customs framework of a cross-border sale, see our analysis International yacht sales: the legal, tax and customs framework.

Matters in this field are handled by Hervé Guyader, avocat at the Paris Bar and Doctor of Law.