Shipping & Logistics

A.B. Patel & Patel has for some time advised the principal port operator in Kenya on a host of commercial issues and transactions. The firm has been engaged on advising on port terminal regulations, terminal throughput agreements, terminal operating procedures, infrastructure projects, leasing and concession agreements.

In the shipping practice, the firm represents international shipping lines that call on the Kenyan ports and has also provided advice and assistance on cross border shipping matters. A number of Kenyan and international logistics companies are represented with the firm. The logistics companies engage the firm on a variety of legal issues relating to commercial, operational and regulatory aspects.

Notable Transactions

• Representing Royal Boskalis Westminster N.V. against a claim for damages arising from dredging operations at the port of Mombasa.
• Advising several international P&I clubs and ship owners on ship arrests and claims for ownership, mortgagee’s claims, crew claims, protection of cargo interests under charter parties and bills of lading contracts, demurrage claims, general average claims and wages claims. Often this has culminated in acting and advising on the appraisal and sale of vessels, undertaking and defending litigation involving marine insurance claims on behalf of ship owners, charterers and interests through P&I clubs, enforcing or defending salvage, towage and pollution claims.
• Successfully represented an international ship owner, on the first ever case of a general average claim to obtain contribution arising out of a piracy incident – the last recorded claim in the world arising out of such incident having been reported in the late 1700’s – and successfully recovered in excess of US$ 10million as security towards the claim for general average.
• Advising and successfully representing the Kenya Ports Authority in the litigation on a claim arising out of damage to the ‘TEAMS’ undersea cable at Mombasa during dredging works being undertaken by the ‘MV Athena’ – Van Oord Dredging and Marine Contractors BV – for over US$ 66 million.
• Ongoing representation of Petra Development Services Limited on a claim for US$ 2.5million against an international shipping line and their local agents arising of a breach of contract claim.
• Representing Alpha Logistics Services (EPZ) Limited on a salvage remuneration claim arising out of the grounding of a luxury yacht.