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Aviation, Shipping & Transit

Claims, recoveries and regulatory disputes in air and sea transport.

Overview

Solaris Legal advises and represents Indian and overseas clients in contentious matters arising in aviation, shipping and transit. The firm acts for insurers and reinsurers on aviation hull and liability, marine cargo, marine hull and offshore claims, and on subrogated recoveries after indemnification. It also acts in aviation regulatory proceedings, in arbitration for port concessionaires and contractors, and in the enforcement of foreign arbitral awards in the maritime sector.

The legal framework

Carriage by air is governed by the Carriage by Air Act 1972, which gives the Warsaw and Montreal Conventions force in India. Carriage by sea engages the Carriage of Goods by Sea Act 2025, the Bills of Lading Act 2025 and the Merchant Shipping Act 2025, which have replaced the earlier 1925, 1856 and 1958 statutes. Cargo insurance is governed by the Marine Insurance Act 1963 and the Institute Cargo Clauses or Inland Transit Clauses the policy incorporates. Maritime claims, including ship arrest, proceed before the designated High Courts under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act 2017.

Scope

  • Aviation hull and liability claims, including major loss events and coordination with reinsurers.
  • Marine cargo claims under open cover, specific voyage and inland transit policies, including spoilage, sea-water ingress and lashing failure claims.
  • Marine hull and offshore claims, including damage to single buoy moorings, undersea pipelines and other offshore equipment.
  • Liability claims involving stevedores, terminal operators and port operators.
  • Coverage advice under kidnap and ransom policies in piracy incidents.
  • Subrogated recovery actions in India and overseas for Indian insurers and overseas reinsurers following indemnification.
  • Aviation regulatory proceedings before the Delhi High Court and the Supreme Court of India, including flight duty time limitation and airport tariff matters.
  • Arbitration for port concessionaires and contractors under concession agreements and turnkey contracts.
  • Enforcement of foreign arbitral awards in the shipping and ports sector before the Indian courts.
  • Ship arrest before the designated High Courts exercising admiralty jurisdiction.
  • Repossession of aircraft by lessors, including where the insolvency moratorium intervenes.