Vinson & Elkins is one of the only “AmLaw 100” law firms with a dedicated Maritime & Offshore Practice, and we have extensive experience advising clients on complex maritime and offshore matters involving corporate transactions, regulatory counseling, and admiralty litigation. Our lawyers have represented clients in a variety of commercial and corporate transactions across multiple segments of the maritime industry, including mergers & acquisitions, joint ventures, financing of vessels and other marine assets, chartering and contracts of affreightment, ship sale and purchase, new vessel construction and the development of terminals and marine bunkering facilities. The internationally recognized commercial and operational experience we bring to increasingly complex transactions is matched by our knowledge in marine regulatory, compliance and policy matters.
Vinson & Elkins’ admiralty disputes team has substantial litigation experience across jurisdictions in the U.S., in jury and bench trials as well as in appeals in U.S. federal and state courts, and the U.S. Supreme Court, as well as before administrative agencies (U.S. Coast Guard, MARAD, CBP and the Federal Maritime Commission) and in domestic and international maritime arbitrations.
“In the maritime space, they’re a market leader.” – Chambers USA, 2023, Offshore Energy (Client Quote)
Shipping & Chartering
We have extensive experience in drafting and negotiating voyage, time, and bareboat charters, as well as in drafting and negotiating client and trade specific clauses for industry standard charter forms. Our lawyers also draft and negotiate contracts of affreightment, contracts of carriage and bills of lading, towage contracts, and marine provisions and shipping terms for cargo sales, supply, and offtake agreements.
Maritime Finance
Our team regularly represents maritime and energy clients in various shipping finance transactions, including project financing and arranging credit facilities. Our lawyers have experience advising clients in lender relationships, and drafting and negotiating ship mortgages, leases, and other financing instruments for marine assets. V&E lawyers also assist in structuring transactions to accommodate various tax laws, and we regularly assist in registering and documenting vessels, and re-flagging vessels.
We leverage our deep experience from both sides of the transaction to offer practical, solutions-oriented advice geared toward helping our clients navigate the intricacies of complex financings and achieving their strategic business goals.
Maritime M&A and Joint Ventures
Our M&A team has extensive experience representing maritime companies and maritime investors in a wide range of transactions, including domestic and cross-jurisdictional sales, acquisitions, carveouts, joint ventures and equity financings. We regularly advise on sales of various types of vessels, as well as transactions involving entire maritime businesses. Additionally, our team advises both U.S. sponsoring entities and foreign investing entities with respect to “Jones Act” compliant investment structures.
Given our in-depth understanding of the industry, our team is seasoned in assisting clients with issue spotting matters in diligence and negotiating matters unique to the maritime industry, including with respect to compliance, drydocking considerations, insurance coverage, labor unions and obtaining consents and amendments with respect to shipping and chartering contracts, ship management agreements and private-funded and MARAD funded financing agreements.
Offshore Drilling & Oilfield Services
We have world-wide experience in drafting and negotiating drilling contracts, master service agreements, and other offshore services contracts. V&E lawyers also have deep experience with complex joint operating agreements, offshore production and development agreements, and rig assignment and sharing contracts. In negotiating offshore contracts, our lawyers understand the market positions and perspectives of the operator and the contractor, as well as issues involving insurance, indemnity, and risk allocation.
Offshore Wind
Our lawyers represent clients in all segments of the U.S. offshore wind and renewable energy industry, from the siting, development and financing of new offshore wind energy projects, to the installation, operation and maintenance of those projects, and through to the transmission and sale of generated power.
This broad experience gives our lawyers in-depth, market knowledge of the entire range of commercial, operational, and legal issues relating to U.S. offshore wind energy, and we advise clients across this industry – developers, sponsors, lenders, investors, renewable companies, and vessel owners/operators.
Vessel Sale & Purchase
Our lawyers have experience in representing clients in transactions for the sale or purchase of nearly every type of vessel – from small passenger cruise ships to offshore rigs.
Marine Construction & Vessel Conversion
V&E’s lawyers draft and negotiate contracts for new vessel construction, ship repair, and substantial vessel modifications and retrofittings. We have also been engaged in drillship and FPSO/FSRU newbuild and conversion projects. Our maritime attorneys have experience in resolving disputes arising from construction projects, construction delays, and product/service warranties.
Maritime Regulatory & Environmental Activities
V&E’s maritime lawyers represent clients in environmental, regulatory, and maritime security matters before a variety of U.S. and international government agencies and authorities. Our attorneys have extensive knowledge of the legal and regulatory framework in which the maritime and offshore industries operate. We regularly assist clients in navigating issues arising under U.S. laws (including the “Jones Act,” OPA90, and MTSA) as well as under international maritime codes and conventions (including ISPS, MARPOL, and the international marine liability and compensation regimes). The Firm’s lawyers have also assisted clients with issues involving classification societies and other shipping industry trade groups.
Admiralty Litigation and Dispute Resolution
V&E’s admiralty lawyers are experienced in litigating complex maritime and offshore commercial disputes, collisions, marine insurance coverage and indemnity issues, products liability claims, general average, cargo claims, and vessel seizure/arrest. We are also experienced in defending personal injury and wrongful death suits by marine and offshore workers. Our lawyers have handled maritime casualties around the world, and our capabilities in the investigation and handling of such incidents provides clients with needed information to effectively evaluate and prosecute or defend these claims.