ADVANT provides legal assistance in all major areas of shipping law through ADVANT Nctm offices in Genoa, Milan, Rome, and London, from maritime and transport to logistics and port, from shipping finance to aviation and rail. Clients include shipowners, charterers and operators, port terminals, port authorities, insurers, banks, investment funds, shipyards, land and rail logistics operators.
As to the port sector, we frequently deal with proceedings relating to maritime State concessions or substitutive agreements; authorization to perform port operations and services; the management of port terminals and port companies; self-handling; complaints regarding abuse of dominant position, access to port infrastructures and services, tariff discrimination and State aid; technical-nautical services (i.e. towage, pilotage, mooring and boating); claims and insurance; relevant contracts; mergers and acquisitions.
In the area of maritime and logistics, we advise clients on issues which include carriage of goods and transport of passengers; maritime insurance, P&I, H&M and cargo insurance, as well as total and constructive loss; shipowners’ and carriers’ liability and limitation of liability; arrest of ships and cargoes; contracts for the employment of ships and aircraft, bareboat charters, and time and voyage charters; sale and purchase of ships and yachts; ship building, repairs and conversions; ship registration, flag deletion and bareboat charter registration; harbor and offshore towage, salvage, assistance to oil platforms and offshore activities; general and particular average, collisions and groundings, damage to quays, and port works.
Regarding the highly specialized area of shipping finance, we can advise regarding financing for transactions relating to ship or aircraft purchase, leasing, or sale and leaseback. Further, we have significant expertise when it comes to ship or aircraft-related export finance transactions, as well as debt restructuring and insolvency proceedings relating to shipowners or shipbuilding companies.
For players in aviation and rail specifically, we offer expertise in litigation regarding air carrier liability contracts and agreements related to joint ventures, handling, services and facilities, dry leases and wet leases, air traffic control equipment operation and maintenance, airport time slot exchange, and airport management concessions. We also advise on matters concerning access to rail network infrastructure and related services, allocation of infrastructure capacity and related charges, the regulation of market-based rail services, and regulation of the Transport Regulatory Authority (ART).
When anti-trust matters arise, we advise on the procedures concerning merger notification at both national and European level; anti-competitive agreements between carriers and logistic operators, including drafting and executing antitrust compliance programs; filing submissions pursuant to the “Golden Power” regulation; and call for input procedures before the Italian Transportation Regulatory Authority (ART).
Finally, we provide support for clients on numerous aspects of compliance for the shipping sector, including the organization, management and control models pursuant to Legislative Decree no. 231/2001, with specific risk assessment and gap analysis activities; anti-fraud systems aimed at crime prevention; whistleblowing and other internal reporting systems; personal data management and GDPR compliance; independent internal audits; and the development of company policies.
