Bengal Chamber organises discussion on 'Shipping Laws for Present Day Managers'

The shipping sector is playing a vital role in sustaining growth of India’s trade and commerce. For FY 2018, cargo traffic at major ports in the country was reported at 679.36 million tonnes (MT). In FY19 traffic has increased 2.90 per cent year-on-year to 699.05 million tonnes. Cargo traffic at non-major ports was estimated at 491.95 million tonnes FY18 and grew at 9.2 per cent CAGR between FY07-18.

Shipping is carried through cargo ships, container ships, bulk carriers and tankers. For seamless transition of operations shipping companies need to comply with rules and directives of authorized and regulatory bodies chiefly IMO and laws of respective country. For credible international trade each company has to observe these rules. 

“Shipping laws involve a complex scenario. Understanding of laws is important not just for the legal aspect but also in cases of accident and conflict resolution. Internationally and nationally the concept of mediation is gaining grounds. Mediation is nothing but facilitating negotiations for a compromise to settle conflicts or disputes that might arise from situations. Bombay already has a mediation centre and we here at The Bengal Chamber are already  providing a platform to function as a mediation centre where problems and disputes may be settled instead of taking the lengthy route of conventional courts. We work closely with Ship owners, Freight and Logistics owners and also with diplomatic missions making us ideal to provide a centre to mediate disputes’, stated, Deb A Mukherjee, Sr Vice President, the Bengal Chamber.

In May 2018, the Indian Shipping Ministry changed its cabotage rules so that foreign-flagged ships would no longer be required to obtain a specialised licence to perform cabotage operations. Speaking on the issue S Hajara, Co Chairperson, Shipping Committee, The Bengal Chamber opined “that while the cabotage rules have been relaxed the Indian National Shipping owners association (INSA) are feeling very dissatisfied as they feel it would benefit private players and private ports while they would bear the brunt with no ease on taxation. So before this relaxation there should have been a level playing field as far as taxation is concerned.”

“The Shipping Laws in India have largely been a continuation of British enactments and foreign conventions until the Parliament brought into force the Admiralty (Jurisdiction and Settlement of Claims) Act, 2017. Evolution and applicability of Maritime Laws in India, particularly jurisdiction and powers of Indian Courts, not only make an interesting history but understanding of their effect and implications are of paramount importance to those who spearhead the shipping industry. A clear perception of applicable laws and their effect could go a long way to prevent complications and disputes in trade functions. With the emerging dynamics and ever changing facets of maritime sector in India, the implication of Legislations both in respect of legal rights as well for procedure, would inevitably assist in better management”, stated D N Mittra, Solicitor and Senior Partner, Victor & Moses, Solicitors & Advocates and Chairman, Law Committee, The Bengal Chamber.

“The objective of this workshop is to provide a practical insight to the evolution of Shipping Laws in India, currently applicable laws that govern the industry and its functions and the challenges that are poised in its operations. The senior judges and practicing Maritime lawyers of Kolkata High Court would share their views and interact with audience on this important maritime subject. The programme is expected to benefit every level of management executives and entrepreneurs in shipping , logistics, chartering, container owners and agents, the bulk/break bulk cargo exporters and importers , CSF operators, ocean carriers, port officials, shipping agents” , stated, Capt S B Mazumder, Chairperson, Shipping Committee, The Bengal Chamber.

The programme was graced by His Lordship, Justice Pinaki Chandra Ghose, Chairperson, Lokpal and Former Judge, Supreme Court of India who is the Chief Guest and Keynote speaker. Other dignitaries present were Jayanta Kumar Mitra, Senior Advocate and Former Advocate General, West Bengal, Subhojit Roy, Partner, Victor Moses & Co, Solicitors and Advocates, Joydeep Roy, Executive Director, Saferisk Insurance Brokers Pvt. Ltd., V Subramanian, Chairman, Pandi Correspondents Pvt. Ltd. among others.