Recent Publications

Indian trade and shipping are pivotal to the country’s economic growth, with ports serving as essential gateways for the movement of goods and resources. With a vast coastline of 7,517 kilometers, India has numerous major and non-major ports that facilitate both domestic and international trade. These ports play a crucial role in handling cargo, ensuring efficient supply chains, and supporting various industries, making them vital to the nation’s overall economic infrastructure and global trade connectivity. The Indian government has increasingly recognized that the privatization of ports can introduce best practices and modern technology, significantly enhancing operational efficiency and competitiveness.
Indian ports and terminals often face legal challenges in enforcing claims for unpaid dues and damages. A recent ruling by the Orissa High Court regarding the vessel M.V. Debi highlights these issues, allowing the vessel’s arrest to enforce a maritime lien held by Paradip International Cargo Terminal Pvt. Ltd. (“PICTPL”) for unpaid berth hire charges. This decision underscores the enforceability of maritime liens and clarifies that port concessionaires can pursue claims even without a direct contractual relationship with the vessel or its owner.
This note examines common disputes faced by ports, such as tariff non-payment and damage to port property, which often arise from ambiguous contractual terms and regulatory changes. It emphasizes the importance of understanding the available legal avenues, including admiralty suits and civil litigation, to navigate these challenges effectively.
As the sector increasingly shifts towards privatization, a supportive policy framework has emerged to attract investments and enhance operational efficiency. However, this transition necessitates robust dispute resolution mechanisms to address grievances effectively. The need for streamlined processes is critical to manage the complexities of long-term contracts while ensuring timely redressal of claims. Ultimately, these legal frameworks will play a crucial role in maintaining competitiveness and facilitating growth within India’s maritime industry.