PATTON MORENO & ASVAT
 
Click here to see the
Business Letters
Getting the Deal Through – Loans & Secured Financing 2016 with contributions from Ms. Ivette Martinez. Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Loans & Secured Financing 2016, (published in August 2015; contributing editor: George E Zobitz, Cravath, Swaine & Moore LLP) For further information please visit Click Here
Tax Regulations in Panama: The Place to invest in the Americas by Elias Solis Gonzalez. This article appeared in the Lawyer Issue Magazine 2015 Click Here
The International Comparative Legal Guide to Shipping Law 2015 with contributions from Ms. Khatiya Asvat and Ms. Nadya Price

"This article appeared in the 2015 edition of The International Comparative Legal Guide to: Shipping Law; published by Global Legal Group Ltd
(http://www.glgroup.co.uk/), London.” (please hyperlink www.iclg.co.uk)
Getting the Deal Through - Aviation Finance and Leasing 2015 with contributions from Ms. María de Lourdes Marengo.

Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Aviation Finance & Leasing 2015, (published in June 2015; contributing editor: Mark Bisset, Clyde & Co LLP). For further information please visit
www.gettingthedealthrough.com
Adding new talents

Ensuring our firm’s commitment for continued growth, we are pleased to announce the addition of new associates and assistant attorneys to strengthen our legal team to guarantee our customers an efficient and timely service.

We welcome Demetrio Rodriguez, Harry Aswani, Jorge Ventre and Michele Hibbert, who with their talent, experience and dedication will join the legal teams in the Practice Areas of Administrative Law, Commercial Law, Immigration and Labor Law, Real Estate and Corporate Law, among others.
This article appeared in the 2014 edition of The International Comparative Legal Guide to: Shipping Law; published by Global Legal Group Ltd, London (http://www.glgroup.co.uk/)
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through – Aviation Finance & Leasing 2014, (published in June 2014; contributing editor: Mark Bisset, Clyde & Co LLP) For further information please visit www.GettingTheDealThrough.com
This article appeared in the 2014 edition of The International Comparative Legal Guide.
New Law To Regulate Spin-Offs As Corporate Reorganization Scheme.
Securities Update: Regulation Of Forex Activities In Panama
Securities Update: Recognized Jurisdictions
Solar Energy Article
AMP Newsletter
This article was first published in Getting the Deal Through – Restructuring & Insolvency 2013, (published in November 2012; contributing editor: Bruce Leonard of Cassels Brock & Blackwell LLP). Reproduced with permission from Law Business Research Ltd. For further information please visit www.GettingTheDealThrough.com
A Practical Insight to Cross-Border Securitisation in 41 Jurisdictions
Tax update: Law 31 of 2011
Panama Chapter RI 2011
PMA Tax Update - Ley 49 - 2009
Offshore Banking Regulations in Panama
Hedge Fund Admin. Roundtable
Article published in Global Property Guide
Panama’s New Limited Liability Corporation Law
Article was first published in Getting the Deal Through – Restructuring & Insolvency 2009
Newsletter Immigration Law
"This article appeared in the 3rd edition of The International Comparative Legal Guide to: Securitisation ; published by Global Legal Group Ltd, London www.iclg.co.uk"

Maritime Law and Services

MARITIME LITIGATIONS

The Maritime Court of the Republic of Panama plays an important role in the worldwide maritime sector mainly because of the transit of vessels through the Panama Canal and the constant flow of cargo between the Ports of Balboa, in the Pacific, and Cristobal, in the Atlantic.

The arrest of vessels is regulated by Law No. 8 1982 modified by Law No. 11 1986, also known as the Maritime Procedure Code.

Panamanian laws offer certain advantages regarding claims that arise from commercial maritime acts since they may be addressed in the Panamanian Maritime Courts. Normally, claims are initiated by the arrest of a vessel that will be transiting, or is in transit through the Panama Canal. A vessel takes approximately eight (8) hours to transit the Panama Canal and there is no possibility to turn the vessel around once the transit begins.

Due to its mobile character, a vessel may distance itself from its creditors and other claimants before they have the opportunity to initiate a procedure against it, or before they have the opportunity to obtain an arrest order of the vessel, leaving these claimants and creditors without an effective method to collect their claims. Due to vessel arrest procedures in foreign jurisdictions, these creditors and claimants may satisfy their claims in Courts of countries where the vessel takes berth, according to their activities.

Panama shares the arrest procedure with the majority of the maritime nations.

We would like to emphasize that Panama’s Maritime Jurisdiction is separated from the Civil Jurisdiction and that the rules of procedure have been adopted for the purpose of establishing a fast and flexible action different from the civil litigation procedure.

In Panama, a vessel arrest may proceed under three circumstances, which are:

1. Arrest of a vessel to obtain a payment guarantee for the purpose of preventing the owner from selling the vessel and leaving the creditors without assets from which to recover.

2. To obtain jurisdiction over owners of vessels sailing through the Panama Canal or in Panamanian territorial waters;

3. To execute privileged maritime liens over the vessel.

It is clear then that the arrest may proceed through an action “in personam” against the ship-owner or an action “in rem” against the vessel.

The choice by the creditor insofar as to what procedure to employ depends on the nature of the claim.

As a general rule, the plaintiff may always resort to the use of an action “in personam” with an auxiliary petition for an arrest order against a vessel property of the defendant.

Actions "in rem" against the vessel with an arrest petition will only be available in those cases where the applicable law recognizes a privileged maritime lien against the vessel, or when there is an action “in rem” against the vessel.

Our Firm offers the following services: Cargo Claims, Ship Arrest, Insurance Claims, Claims for priviledge maritime liens, Claims for damages or loss of vessel, Claims related to charterparties, Claims for services rendered to the vessel.

Initial Contact


MAIN OFFICES
Paseo Roberto Motta
Capital Plaza, Floor 8
Costa del Este, Panama
P.O. Box 0819-05911
Panama, Republic of Panama

Phone number:
(507) 306-9600
Fax numbers:
(507) 263-7887

E-mail:
info@pmalawyers.com
Disclaimer | Copyright | Privacy Statement | Contact | Services