HAFNIA LAW FIRM has extensive experience in arresting vessels, bunkers and other assets domesticly and world wide.
The firm’s lawyers are specialists in this field on a world wide basis and have a network of numerous foreign correspondent lawyers capable of arresting / attaching assets on a very short notice – at any time and at any day in the week. We can secure non-stop attention to the matter from instruction to arrest / attachment.
A ship arrest in particular is not just a measure to secure the presence of a vessel at a later stage, where a judgement against the owner or the vessel is to be enforced through a forced sale of the vessel. An arrest can be the fastest, cheapest and most effective measure in obtaining voluntary payment of an outstanding claim against the vessel or the owner (as the case may be), provided that the measure of arrest – in a legal and commercial sense - is used correctly.
HAFNIA LAW FIRM is specialised in not only executing an arrest, but also in providing the best commercial and legal strategy prior to and in connection with the arrest; whether that would be to abstain from arresting the vessel in the next port of call, to arrest aggressively in any port of call or to abstain from arresting the vessel and instead arrest bunkers and other stores on board the vessel.
HAFNIA LAW FIRM’s 24-hours Arrest and Casualty Emergency Response Services secure that no time is lost once an opportunity to arrest a vessel emerges.
Various corporate issues and taxation aspects need to be carefully considered before and in connection with the establishing of a Danish shipping company, e.g. choice of entity form, composition of the board of directors (nationality/residence is relevant), requirements for benefitting from the favourable Danish tonnage tax regime and seafarers taxation, duty to register Danish vessels in a Danish register etc.
HAFNIA LAW FIRM advises on the establishing and organisation of shipping companies under Danish law.
Representing the shipping industry creditors, who are struggling with bad debtors on a daily basis, HAFNIA LAW FIRM has specialised in collecting ”shipping debts” for its clients; whether being overdue claims for charter hire, unpaid bunkers or insurance premiums or a judgement or settlement not being honoured.
Even if ship arrest – as is often the case - is not available as a remedy in connection with the collecting of an overdue debt, other equally effective legal and commercial measures are often available and HAFNIA LAW FIRM frequently assists clients in planning and executing such measures.
Shipping involves a number of entities which are all necessary to keep the wheel turning. In between the parties there are a number of intermediaries and HAFNIA LAW FIRM has been representing them for more than 25 years. HAFNIA LAW FIRM has close relationships with both the intermediaries and their insurers.
Ship’s agents, freight forwarders, cargo handlers, storage facilitators, ship brokers and traders. HAFNIA LAW FIRM has represented them all and continues to render assistance on their particular needs. Whether it is the collection of unpaid disbursements or fees, liability claims or drafting of contracts HAFNIA LAW FIRM strives to be of assistance to all intermediaries and their claims whether big or small.
A few thousand dollars may not be a large amount of money in shipping. However, a local ship agent may have to arrest a vessel to recover such claims in order to secure payment of all the small amounts that is the bread and butter of the business. HAFNIA LAW FIRM has arrested ships for both very small and very large claims and is proud to represent clients also in their small claims.
HAFNIA LAW FIRM is one of the leading specialists in hull and machinery and protection and indemnity insurance. HAFNIA LAW FIRM is regularly retained by the relevant players in the market, not only in protecting and advising members and assureds, but on issues ranging from the drafting of terms of cover and rules, through coverage, to the collecting of unpaid premium and calls.
HAFNIA LAW FIRM acts as legal advisor to players within the off-shore industry whether it is the builder or the buyer of drilling rigs, the rig owner, the operator of supply and service vessels to a construction or drilling site, the provider of spareparts and stores or any other player.
The off-shore practice of HAFNIA LAW FIRM is - and will continue to be - one of the firm’s primary focus areas in the years to come and HAFNIA LAW FIRM aims at expanding the practice area by focusing in particular on the contracting, building and repair of rigs. The demand is there and HAFNIA LAW FIRM will use its best endeavours to meet that demand.
Environmental regulation is playing an ever increasing role in the transport industry. Public demands are influencing the regulatory framework set up for the industry and the field is no longer limited to the area of oil spills and casualty work. HAFNIA LAW FIRM is up-to-date with the environmental regulation and advises clients in respect of emergency response systems, emission regulation and rules pertaining to sale of regulated substances etc.
The increase of piracy incidents in recent years has also affected Danish ship owners and operators. HAFNIA LAW FIRM has been counsel to shipowners in piracy matters in the Gulf of Aden. From experience, HAFNIA LAW FIRM knows how piracy incidents require immediate and continued attention and coordination.
From the moment the information of a piracy incident ticks in, a number of parties needs to be informed – both private and public. A negotiation team should be found and instructed in order to give the fullest attention to release of the crew and vessel. Further issues include:
- Delivery of ransom and insuring the ransom
- Public regulation of cash delivery
- Management of crew issues
- Off-hire and cargo issues
- General average
- Insurance
After the vessel and crew has been released a number of issues will occur which give rise to disputes. Identifying and addressing all potential disputes as early as possible will ultimately save large costs and help overcome the incident as well as the circumstances permit.
As is the case with shipbuilding-, repair- and conversation contracts, HAFNIA LAW FIRM is regularly retained by potential buyers, sellers and financiers of second hand tonnage, whether it is a conventional commercial ship, a ferry or a yacht.
Clear and concise drafting is essential for these projects, with often big money at stake. The firm’s aim is to produce clear and unambiguous contractual wordings. All lawyers of HAFNIA LAW FIRM have extensive experience in advising on sale and purchase of vessels; not only in drafting the Memorandum of Agreement, with relevant riders or annexes but – equally important – in coordinating and facilitating successful closings.
HAFNIA LAW FIRM has extensive experience and is regularly retained by yards, buyers, financiers and insurers on new building-, repair- and conversion contracts, from conventional commercial ships, through to specialist vessels for i.a. the off-shore industry.
HAFNIA LAW FIRM often participates directly in the negotiations between buyers and builders. The firm frequently advises on the drafting and review of contracts, together with associated documents such as performance and refund guarantees, as well as the financing and insurance of projects.
Clear and concise drafting is essential for these major projects. The firm’s aim is to produce unambiguous contractual wordings. HAFNIA LAW FIRM draws on its extensive experience to anticipate and avoid potential problems in the entire process, from contract drafting and negotiation to the expiry of any agreed guarantee period.
Any ship, any financing, any ship’s register in the world
HAFNIA LAW FIRM has extensive experience in the field of ship finance and the firm can assist in any part of the ship finance transaction.
HAFNIA LAW FIRM advises on term sheets, the drafting of loan documents, execution, registration and perfection of all necessary instruments relating to the transaction. The firm’s advice also covers lease transactions and corporate structuring for ship ownership.
Organising the flow of money and ensuring simultaneous transfer of title with registration of mortgage and release of funds can be a simple task for professionals. HAFNIA LAW FIRM believes it is in much safer hands with people who have done similar transactions many times and who know the intricacies of the trade. The firm orchestrates the transaction from its very start to the very end. The firm’s lawyers all have in depth knowledge of the documents necessary to complete the transaction and also know why they are important. Whether you are new or experienced HAFNIA LAW FIRM can provide added value advice and explain every corner of the transaction in an understandable language.
During a ship-finance transaction HAFNIA LAW FIRM collects all necessary documentation, instructs foreign counsel and communicates with owners, banks, managers, ship’s registers and others. The firm of course drafts the necessary documents and issues legal opinions covering the transaction.
HAFNIA LAW FIRM is working closely with specialised law firms in the world’s leading financial centres and can organise international ship finance for both owners and banks for any type of ship in any register in the world. The firm ensures a hands-on approach to every transaction.
The financial recession has had a significant impact on the shipping industry and has changed the risk management of both shipowners and banks. HAFNIA LAW FIRM renders advice to both banks and owners in relation to the restructuring of existing financings.
Denmark operates with a optional tonnage tax regime for shipping companies. The Danish tonnage taxation scheme is based solely on the total tonnage a shipowner operates. This means that taxation is independent of earnings or losses that may be incurred in the given taxation period.
HAFNIA LAW FIRM advises on the requirements for and benefits / downsides of being subjected to the Danish tonnage tax regime.
HAFNIA LAW FIRM advises on all aspects of ships control (including port state control) and classification of ships.
The firm has been involved in a substantial amount of court and arbitration proceedings where claims have been raised either against or on behalf of a classification society, i.a. for the issuance of certificates not matching the actual state of the vessel (certificates either containing recommendations or lacking recommendations, which ought to have been made), undue delay of issuance of certificates, etc.
HAFNIA LAW FIRM advises on all aspects of the registration of ownership of Danish and foreign vessels, mortgages, encumbrances and other rights pertaining to a vessel registered in the Danish Ships Registers; primarily the Danish Ships Registry (DAS) and the Danish International Ships Registry (DIS).
Further, through a wide range of international correspondence lawyers, HAFNIA LAW FIRM frequently assist in the registration of vessels and mortgages in foreign jurisdictions.