Maritime & Transportation

"BKL is able to pinpoint the exact issues and provide thorough analysis and practical advice."

- Chambers & Partners Asia-Pacific

Overview

Based on its expansive practical experience and expertise,   Bae, Kim & Lee, LLC (“BKL”) effectively provides integrated and customized solutions for all issues arising in the shipping and transportation practice including execution and management of various contracts, advising on ship financing deals, handling various maritime and transportation disputes and accidents and responding to regulations and policies for all clients involved in the shipping and transportation business, including shipowners, cargo owners, P&I Clubs, shipyards, logistics companies, marine/cargo insurers and reinsurers and financial institutions. 

BKL has professionals with excellent expertise based on a comprehensive understanding of the maritime and transportation industry and a wealth of experience in the maritime and transportation field including its closely related fields such as insurance and international transactions. BKL’s professionals closely collaborate tailored to each situation to provide accurate and efficient legal services to meet to the needs of clients. 

In addition to traditional areas such as management of transportation contracts, charterparties and bills of lading resolution of various disputes arising thereunder and handling of maritime accidents involving ships, offshore structures, and port facilities, BKL handles a variety of litigations and arbitrations on the substantive proceedings as well as taking preservative and enforcement measures and responds to regulations and policies regarding the maritime and transportation industries. Further, BKL acts for domestic and international banks, shipbuilders, and shipping companies on shipbuilding (sale and purchase) contracts and ship financing on not only transactional matters but also from the litigation side.  BKL also advises on trade issues and documentary credits used in trade.

In addition, maritime cases usually require resolution through international litigation (arbitration) due to its international nature, which often involve complex governing law and international jurisdiction issues, or are sometimes subject to short-term statute of limitation periods. In such cases, it is crucial to establish prompt and appropriate strategy at the initial stage of the case. BKL’s experts are highly experienced in these kinds of international cases and dispute resolutions, and delivers the best service based on our long-standing relationships with world’s leading experts in relevant fields.

Key Services

Advise on Projects
Advise on ship finance, joint ventures, overseas investment and off-shore projects
Advise on long-term charter contracts, long-term sales contracts, etc.
Manage Maritime Accidents
Advise on risk identification and response to maritime accidents
Prepare, respond to and participate in maritime accident investigation procedures
Represent clients in cases involving criminal, civil, marine safety tribunal, or administrative proceedings, and related preservative measures followed by maritime accidents
Represent in International Arbitration and advise on Cross-Border Litigation
Represent and advise clients in international arbitration cases related to shipbuilding contracts, international sales contracts, off-shore windfarm projects and ship charter contracts, etc.
Represent and advise clients in international litigation cases in collaboration with local law firms
Respond to Various Kinds of Regulations and Policies
Obtain appropriate authorizations for transportation, charter and route bidding projects, and advise on legal and regulatory suitability
Advise on fair trade and respond to related investigations
Advise on and respond to the matters related to the Serious Accidents Punishment Act
Advise and Litigation on Transportation and Charter Contracts
Advise on transportation and charter contracts and related disputes
Represent clients in litigation and arbitration cases concerning transportation and charter contracts and bills of lading
Take preservative measures followed by disputes involving transportation or charter contracts including provisional attachment and preliminary injunction
Litigation and Disputes Regarding International Trade and Letter of Credit
Advise on import and export agreements (including INCOTERMS) and dispute settlement
Advise on documentary letters of credit and dispute settlement

Representative Cases

Advised on acquisition and financing of new and second-hand vessels
Represented a major shipping company in criminal proceedings, marine safety tribunal and civil actions concerned with sinking of its VLOC vessel, MV Stellar Daisy
Representing a client in SIAC arbitration related to the dispute over the Ulsan offshore wind power project
Advise on Maritime Projects
Advised on acquisition and financing of new and second-hand vessels
Advised on entering into new businesses such as LNG business
Advised on acquisition and financing of container equipment
Advised on the investment in and financing for facilities including domestic and overseas terminals
Advised shipping companies on acquisition and financing of eco-friendly vessels
Advised in relation to M&A of shipping companies including due diligence
Management of Maritime Accidents
Represented a major shipping company in criminal proceedings, marine safety tribunal and civil actions concerned with sinking of its VLOC vessel, MV Stellar Daisy
Advised on various issues arising from sinking of ferry Sewol including marine insurance coverage issues and oil pollution claims
Advised on the Somali pirate hijacking of a MV Ruen
Represented a client in relation to crane collision at the Busan New Port
Successfully represented a client in a case involving various claims arising from a collision of a VLCC vessel “Wu YI San” with an oil terminal
Representing a charterer in limitation of liability proceedings in connection with the collapse of the cargo hold of the MV FU YE
Representing a shipowner in limitation of liability proceedings in connection with the collapse of MV Tan Binh 127
Advised a major domestic insurance company in relation to sinking of a ferry in Hungary on the payment of insurance benefits and indemnity in accordance with the travel agency's liability insurance policy and international conventions
Successfully represented a reinsurer in the claim involving interpretation of reinsurance clause regarding collision of barge at a construction site
Represented a supplier in multiple arbitration proceedings related to scrubber fire accidents
Representing International Arbitration and Advising on Cross-Border Litigation
Representing a client in SIAC arbitration related to the dispute over the Ulsan offshore wind power project
Represented a large Korean shipyard in LMAA arbitration related to the dispute over the VLCC construction contract
Successfully represented a Korean shipyard in LMAA arbitration regarding the dispute on non-acceptance of 3 Capesize bulk carriers by ship owner
Representing a client in LMAA arbitration and domestic civil litigation arising from a dispute regarding a warranty claim for paint supplied to 13 MR tankers
Successfully represented a Korean shipyard in LMAA arbitration related to a dispute over a warranty claim for paint under the Capesize bulk carrier construction contract
Successfully represented a Korean shipyard in LMAA arbitration related to a dispute over a warranty claim for engines under the Capesize bulk carrier construction contract
Advised on London arbitration and domestic litigation related to a dispute over a warranty claim for KC-1 cargo hold
Advised and represented a client in the criminal case and LMAA arbitration related to a dispute over a warranty claim under the contract for the sale of a second-hand ferry vessel
Advised client on LMAA arbitration proceedings regarding cargo damage by ship-grounding of “Uruguay Reefer”
Advised a Korean shipyard in a lawsuit in the UK regarding the advance refund guarantee issued by a domestic bank in connection with a shipbuilding contract.
Responding to Developments in Various Regulations and Policies
Represented a number of major domestic shipping companies in relation to the KFTC's investigation into freight rate fixing of container shipping companies
Advised a number of major domestic shipping companies on compliance with the Serious Accidents Punishment Act
Advised on regulations related to offshore wind power generation business and offshore wind power generation equipment transportation business
Advised on U.S. on EU sanctions
Advised on the Marine Transportation Act
Advised a shipping company on the application of tonnage tax
Advised on change of the fuel surcharge for long-term charter contracts due to the establishment of the Annex to the Convention on the Prevention of Marine Pollution
Advised on securing tugboats and operating entities under harbor-related acts
Representing and Advising on Shipbuilding, Transportation and Charter Contracts in Korea
Advised on rights and obligations under charter and international sales contracts related to the war in Ukraine, and advised on international and domestic arbitrations
Advised a shipowner on recourse in connection with the seizure of a ship based on oil claims during the charter period
Advised shipping companies and voyage charterers in relation to transiting through the Red Sea
Represented the Korea Development Bank in a lawsuit related to the performance guarantee provided for a new warship
Advised a domestic shipyard on rehabilitation proceedings
Represented a shipyard in a lawsuit related to a delay in the delivery of a new geophysical exploration vessel
Litigation and Disputes Regarding International Trade and Letter of Credit (Standby Letter of Credit)
Advised and represented a domestic bank in criminal proceedings and litigation related to fraud involving a letter of credit and import/export/transportation contract
Advised on international sales contracts and Incoterms
Advised on international letter of credit transactions
Advised on international trade and US and EU sanctions issues