EU ETS – EUROPEAN UNIOUN EMISSIONS TRADING SYSTEM
MOHA (Maritime Operator”s Holding Account) account opening, tracking and management within the scope of EU ETS (European Union Emissions Trading System) applications in maritime transportation. Representing companies in legal and operational processes with relevant official institutions such as the Spanish Government and RENADE (National Registry for Greenhouse Gas Emission Allowances), and carrying out the necessary work as an authorized institution.
From the 1st January 2024 vessels over 5,000 GT entering European Ports will be included in EU ETS. The liable entity is the vessel owner, or the company responsible for the vessel. Voyages between EU ports will need to cover 100% of their emissions, and voyages that start (or end) in the EU will need to cover 50% of their emissions, in line with the phase in period that starts in 2024.
DISPUTE RESOLUTION (MANAGEMENT OF CONCILIATIONS, ARBITRATIONS AND LEGAL PROCEEDINGS)
The legal and peaceful resolution of disputes is an area in which we specialize. We recognize the importance of conciliation and arbitration proceedings, especially in the maritime field. We can conduct all types of legal proceedings before the Spanish courts, as well as assist in arbitration proceedings. We also have the necessary equipment, knowledge, and experience to conduct arbitration proceedings in both Spanish and English.
ANALYZING SECTORAL CONTRACTS SUCH AS TRANSPORT, SHIP LEASING, ETC. AND PROVIDE TECHNICAL AND LEGAL ADVICE IN THIS AREA
We provide support in the review, drafting and revision of all sub-types of ship charter agreements and contracts of carriage. These contracts require technical as well as legal expertise. In this respect, our consulting captain Serdal Tekeli provides the necessary professional cooperation to conclude the situation in the most reasonable and appropriate way within the framework of the requirements and dynamics of the industry.
EFFECTIVE COMMUNICATION WITH SPANISH PORTS
Our headquarters are in Madrid, Spain. The city of Madrid occupies an important position in many aspects, both for being the capital of Spain and for hosting the headquarters of the main Spanish shipping companies known all over the world. Due to its geographical location, it is a great advantage to easily access the port cities of Spain. In this sense, we can easily move to important ports such as Algeciras, Barcelona, Bilbao, Cartagena, La Coruña, Málaga, Valencia, Vigo and find solutions to their legal and technical problems. The fact that we are a Spanish-speaking law firm, and our founding lawyer is a member of the Madrid and Istanbul Bar Associations eliminates the language barrier. The correct and good communication with the client is our basic principle.
BROKERAGE ACTIVITIES IN THE SALE AND PURCHASE OF VESSELS
Our office offers efficient and professional solutions in ship brokerage activities. In addition, we provide professional services in the investigation of ships and vessels sold at auctions, as well as technical analysis and sale and purchase services before notaries and institutions. In the case of Spain, effective communication in the native language, the existence of a good communication infrastructure and our experience in the region are some of the most important characteristics that distinguish us.
TECHNICAL AND LEGAL PRE-PURCHASE EXAMINATION IN THE SALE AND PURCHASE OF SHIPS
By checking the suitability, technical control, and market value of the vessel prior to purchase, we aim to ensure the effective and reasonable progress of the business by assessing the legal aspects before and after the sale and purchase process. Also, the fact that our team is formed by a captain and a lawyer, both experts in their fields, creates a very positive impact and an important sectorial awareness. In this way, we can make technical analyses of all vessels. It is among our duties to minimize problems that may arise before and after the purchase, to investigate if there are any negatives on the vessel or any real rights.
MARITIME RISK MANAGEMENT AND ACCIDENT INVESTIGATION ACTIVITIES
Risk management is the process of informing people and organizations in the maritime sector, which has a very high trade volume and cargo capacity, about existing, potential, and anticipated risks, and sharing effective solutions related to the subject. The service aims to prevent losses that may occur and minimize risks. In this regard, thanks to its expert lawyers in the sector and its on-the-spot team, it offers professional support and partnership solutions in both the professional and legal fields.
MARINE INSURANCE CLAIMS AND LITIGATION MANAGEMENT
Insurance management is one of the most important issues in the maritime field. Especially P&I insurance requires specialized knowledge and command of the English language. Ece Zerey, one of our consulting lawyers, works in the field of P&I insurance and provides all kinds of legal support to clients in this field. In addition, Serdal Tekeli, our captain-consultant, is well versed in P&I insurance, having been in the industry for twenty years.
COMPENSATION CLAIMS
One of the most common situations in the maritime field is compensation claims. Our functions include handling these claims on behalf of the relevant individuals and institutions, liaising with insurance companies and, if necessary, managing the litigation and arbitration processes. Our aim is to ensure that the maritime issues at stake are examined in situ, professionally and legally assessed with an impartial point of view, and that the process and outcome are concluded in a sound and correct manner on behalf of the parties.
REGIONAL AND ON FIELD REPRESENTATION ON BEHALF OF THE COMPANY, THE LESSEE OR THIRD PARTIES
In the maritime sector, it is the provision, supervision, and reporting of services to be requested on behalf of the relevant institution or person, including ports, terminals, shipyards, anchorages, anchorage areas within the territorial waters of Spain, both in office and on the ship. It is one of the areas of activity to find the fastest and most effective solutions by assessing the issue in situ within the framework of local and international law to resolve conflicts that have occurred or may occur.