Admiralty Law and Cross-Border Disputes

Admiralty Law, also known as Maritime Law, is the legal framework governing shipping, navigation, marine commerce, carriage of goods, marine insurance, vessel arrests, collisions, salvage, and disputes arising on international waters. The foundation of admiralty jurisdiction in Bangladesh originates from the Admiralty Act, 2000, which empowers courts to adjudicate matters involving maritime claims, ownership disputes, ship mortgages, charterparty disputes, cargo loss, personal injury at sea, and contractual breaches in shipping operations. Admiralty Law plays a crucial role in regulating maritime transport, ensuring the safety of international trade, and protecting commercial rights of vessel owners, charterers, exporters, importers, insurers, and international stakeholders. The administration of maritime affairs in Bangladesh is coordinated by several government bodies. The Ministry of Shipping is the primary authority responsible for maritime regulation, port operations, and shipping policies. It oversees the Bangladesh Inland Water Transport Authority (BIWTA) and the Bangladesh Shipping Corporation (BSC). In addition, the Ministry of Commerce and the National Board of Revenue (NBR) regulate customs, cross-border trade, import/export procedures, and international commercial documentation. The Ministry of Law, Justice and Parliamentary Affairs supervises the court system, legislative aspects of admiralty matters, and the judicial mechanisms through which maritime disputes are resolved. Admiralty jurisdiction in Bangladesh is exercised exclusively by the High Court Division of the Supreme Court, which sits as an Admiralty Court. This court handles vessel arrests, cargo disputes, claims for damage, enforcement of maritime liens, and cross-border commercial claims connected to shipping and international trade. Parties may apply for urgent orders, such as arrest of a ship, to secure maritime claims against foreign or domestic vessels. Admiralty proceedings also cover collisions, salvage operations and disputes arising from bills of lading contracts. Judgments of the Admiralty Court may be appealed to the Appellate Division of the Supreme Court. Cross-border disputes form a significant part of maritime and commercial law in Bangladesh. These disputes often arise in international trade, foreign investment transactions, joint ventures, international sale of goods, cross-border financing, and transport of goods by sea. Mechanisms for resolving such disputes include domestic litigation, international arbitration, mediation, and enforcement of foreign judgments or arbitral awards. Bangladesh is a signatory to the New York Convention, enabling enforcement of foreign arbitral awards before the High Court Division. Disputes involving customs, international contracts, or cross-border commercial activities may also involve administrative authorities such as NBR, port authorities, or relevant ministries depending on the nature of the matter.