Ports & Terminals

Overview

Today, there is an intense rivalry among ports and terminals on a global scale and, ports and terminals are perceived to be one of the most significant sectors that have a power to control the trade market in the world. The control of trade markets is a key component of the governments and private sector operators’ economic policies. This has generated a number of developments and competitions in port and terminal businesses such as integrated port services, lower cargo handling costs, effective port planning.

As A&T lawyers and consultants are well placed to assist in matters such as maritime and trade, their extensive expertise is additionally extended to ports and terminals industry. Hence, we offer ports and terminals clients comprehensive and operative business, commercial and legal guidance. The international reach of A&T practice enables its professionals to advise on local and multi jurisdictional complicated transactions and to ensure that their clients’ long-standing investments and ventures are better enhanced and protected from the future economic, political and regulatory instability.

We are keenly aware of necessities of port users, understand our clients’ concerns in the local and global market, and continually have a strategy to solve the sectorial disputes that our clients face; in other words, we are capable of providing full service capacity to our local and international clients whenever and wherever they need us. We routinely analyse our clients’ strengths and weakness by considering economic, financial, legal and political frameworks in order to comprehend where their business are and how effective their interests are protected.

We have a detailed understanding of operational, regulatory, and legal relationships between public and private parties that enables us to create alternative approaches and practical solutions to sectorial challenges within the changing port and terminal activities around the world. We therefore endure to adapt the changing requirements of the sector, offering a dependable commercial legal advice.

Since ports and terminals industry involves risky situation in itself, the identification of such potential risks is of paramount importance. We closely work with our clients to reduce the risks of their business and remain these risks manageable by scrutinising risk assessment and continually developing risk avoidance strategies. 



Our Clients

We advise and act for a broad range of ports and terminals (including container, cruise, ferry and RoRo terminals, break bulk, LNG, paper and oil terminals and trust ports) across the industry, including: banks and financial institutions, civil and maintenance work providers, commodities trading companies, contractors and consultants, financiers, harbour and coastal towage and salvage companies, insurance providers, shipping lines, investors, local and global port and terminal operators, national and foreign governments, national port authorities, port users, stevedores, supply chain companies, transport and logistics companies and warehousemen.

What we do in Ports & Terminals

We cover all aspects of ports and terminals sector, including:

  • Advising on due diligence and on post-completion matters
  • Construction and operation of LNGs and petroleum products 
  • Creation and implementation of terminal operational business rules 
  • Establishment development and operation of stevedoring facilities and services for shipyards 
  • Liability of damages to the ports and terminals 
  • Licensing and regulatory functions with respect to marine and port services and facilities
  • Marine services including pilotage, towage, vessel traffic services and other related activities 
  • Operating bunkering services 
  • Pollution of the marine environment 
  • Port and cargo claims 
  • Port investment and development 
  • Port privatisation project and draft concession 
  • Port, terminal and shipping arrangements 
  • Sale and lease of terminals 
  • Terminal facilities and prospective financing arrangements i.e. loans and issue bonds and securities, maintenance of interests, operational expenses, proceeds of the tariffs by port authorities, ship and port dues and charges
  • Unlawful operation of port services 
  • Unsafe operation of vessels 
  • Violations of ports and terminals i.e. damages to port authority property, evasion of ship and port dues and charges

Advising, drafting and negotiation for all ports and terminals-related contracts, including:

  • Acquisition and concession agreements for port authorities 
  • Cable and pipeline crossing agreement 
  • Container Terminal or Sub-Concession Agreement 
  • Financing agreements 
  • Guaranteed container throughput agreements
  • Joint venture agreements 
  • Lease agreements 
  • LNG master sales and supply agreements
  • Management agreements 
  • Cooperation agreements 
  • Salvage and towage contracts 
  • Shareholders, share purchase agreements 
  • Terminal user agreements 

Day-to-day Port Operations

  • Commercial agreements 
  • Construction
  • Customs and duty
  • Employment 
  • Equipment leases
  • IT
  • Litigation
  • Operational contracts
  • Project management
  • Property issues
  • Risk management
  • Tax and any other operational issues 

Marine Management

  • Combatting marine accidents in the port, including fire fighting and ambulance services
  • Controlling maritime transport and loading and discharging of goods
  • Discharging or facilitating the discharge of international obligations of the port authority with respect to marine safety and protection of the environment
  • Disseminating nautical and other relevant information to ships and all other involved parties
  • Exercising regulatory functions for the protection of the marine environment
  • Promoting measures for the safety of persons who work at or visit the port
  • Regulating and controlling navigation within the limits and the approaches to the port