Maritime law does not stop at the national and international rules of the sea and the carriage of goods by sea. It covers all legal aspects of using the sea and navigable waterways, and amongst other things also includes the exploration and exploitation of the sea in general and shipping in particular. The legal status of offshore installations, the jurisdiction of the authorities in the various parts of the sea, the status and registration of ships, maritime privileges and ship mortgages, maritime liability and the limitations thereof, charter parties, collisions at sea and other shipping accidents, assistance and salvaging, particular and general average, ship arrest, oil pollution, winding up of ship assets or limitation funds, port regulations, etc. are all fields in which the firm has built considerable expertise.
Alongside cases revolving around the carriage of goods by sea, the firm is consulted on a regular basis in matters of inland navigation, carriage of goods by road, rail and air. Transport law too is to be approached from a wider angle. This field not only covers the national and international regulations regarding the carriage of persons and goods, it encompasses all legal aspects of transport and transport liability, the handling of goods and logistics, multimodal/combined transport, the registration of means of transport, permit regulations to be admitted to professions such as that of haulier, transport intermediaries, etc.
Maritime and transport risks, and other risks inherent to international trade and logistics generally involve cross-border issues, which explains why they are highly complex. These kinds of risks often fall outside the scope of common insurance law and, depending on the nature of the risk(s) involved, are usually governed by specific terms of insurance. The firm has many years of experience with the legal framework of the maritime and transport insurance market, its players, their respective contractual rights, obligations and liabilities. Marcon & Rubens frequently dispenses on legal advice policy terms and disputes regarding insurance coverage.
Transport and logistics have developed thanks to international trade. Acquiring an in-depth insight into the rules that govern the dispatch, transport, import and export, and the storage of merchandise is possible only thanks to a consummate understanding of international trading and the buying and selling of goods, the Viennese Sales Convention, INCO terms, customs and import duties, and retribution systems. The firm assists clients in disputes in the area of international sale and purchase of goods, often including the recovery of the purchase price and liability incurred by reason of hidden flaws and non-conformity.
There is not a business that does not face a variety of legal situations specific to trade and commerce every day. General commercial law and contract law constitute the basic legal framework of the business operations. This area of law deals with the recovery of payments, the legal status of commercial intermediaries (trade agencies, shipping brokers on commission, freight forwarders on commission, brokers), commercial contracts which do not stop at carriage, logistics and storage contracts, but also cover rental and commercial lease contracts, sale and purchase, contracting, guarantees, documentary credit, software and IT-related contracts, intellectual property rights, etc. The firm is on hand to assist its clients with any situation that may arise in their day-to-day conduct of business operations in these areas of general commercial and contract law.
The firm guides clients with the incorporation, operation, acquisition or merger, and the dissolution and liquidation of companies. Our specialists handle company conflicts, including the liability of directors and shareholder disputes, and provide assistance in crisis situations such as judicial restructuring and bankruptcy.
and social law
Every company experiences the influence of complex regulations and laws that dominate its social and labour relations. Marcon & Rubens advises and assists its clients on compliance with social and social security law obligations, and with issues or conflicts that revolve around collective (industrial relationships) and individual labour law. Dealing with issues that arise from the specific rules on working hours and driving times, breaks and rest periods for the road haulage industry are part and parcel of the firm’s regular activities.
In addition to criminal law in general, the importance of economic, environmental and social criminal law is gradually seen to rise in today’s world of trade and industry. Marcon & Rubens assists its corporate clients in these matters, not only with the criminal defence of the company but also with that of its directors and employees. The firm also deals with claims for damages as a result of criminal offences perpetrated by third parties.
Marcon & Rubens considers civil law to be much more than just a specialist branch of law. In fact, we believe it is the cornerstone of our legal system. Civil law first and foremost consists of the general rules that apply to contractual commitments, including commercial contracts. It not only incorporates the rules of law that govern contractual rights and obligations in general but also important aspects of special contracts such as trade leases, renting and letting, buying and selling, consignments of goods, powers of attorney, loans, construction law, etc. Extra-contractual liability law is the second core branch of civil law which the firm operates in. Marcon & Rubens is also consulted to provide legal assistance with real estate transactions and related disputes. And last but not least, the firm often also defends the private, family and financial interests of the stakeholders of its corporate clients.
Settlement of disputes
Marcon & Rubens has extensive experience in settling disputes in and out of court. We assist our clients with legal proceedings both before the regular courts as well as through arbitration.