Subrat Kulshrestha

Subrat Kulshrestha

Subrat Kulshrestha
,

PROFESSIONAL EXPERIENCE

I have served Barber Ship International on several of their ocean going vessels for over ten years. Having joined them as a Cadet, I worked my way up to Mate. This gave me an in-depth understanding of the Law of the Sea, International Maritime Organization’s regulatory framework, shipping and port services, maritime pollution prevention and Maritime emergency response. In 1993 I was also awarded the ‘Certificate of Competency’ as Master from the Director General of Shipping Mumbai.

My experience can be of vital importance to shipping companies, oil and gas exploration companies and those that import raw materials and products, as there are very few Legal Professionals that have a combined knowledge and understanding of Maritime litigation and corporate law.

SUMMARY QUALIFICATION

  • Corporate lawyer with global mindset, having background in Company and JV formation with transnational corporations
  • Represented companies in important meetings and conferences pertaining to legal matters; possess extremely strong convincing skills, pleasing personality.
  • Worked on board several types of merchant vessels for over 10 years; possess legal qualification, knowledge of law of the sea, ship arrests and releases, purchase and sales, cargo claims, casualties, charter party disputes, collisions, marine insurance and commercial disputes including representing major shipping companies/ship owners as their lawyer in leading Arbitration matters in India and abroad
  • Expertise in dealing with acquisition and disposal of assets specialized in international Law, maritime law, law in IT industry, drafting commercial contracts, Technical Management Agreements, settlement of marine insurance claims, civil and criminal litigations, intellectual property rights, recovery matters, and liaison with Government authorities and interaction with attorneys across the globe.
  • Expertise in dealing with Marine Hull and P&I underwriters and posses good contacts for obtaining highly competitive rates for binding cover of vessels under the management/ownership
  • Settled various marine claims through mediation and conciliation incurring least cost to clients
  • Knowledge and experience of representing before the Supreme Court, High Court, Lower Courts, Labour Courts and Consumer Forum.

EXPERIENCE – 20 Years

Present:

Offshore Legal Consultant to Ship Management Companies, Ship Owners, P & I Clubs, In India & abroad, Advising on legal, Para-legal and marine insurance matters. Provide complete claims support. Office at New Delhi & Mumbai.

Represented Ship Management Companies/Ship Owners in Hong Kong , Singapore and Mumbai as their lawyer in  Arbitration & Conciliation matters involving disputes related to contracts/charter parties/ship constructions, demurrages etc.

Empanelled with prominent shipping companies (Ship-owners; Technical Managers; crewing agents, etc.)  as there legal advisers

Have vast experience in ship sale purchase and dispute resolutions

Represented arbitration matters in Dubai in association with Kashwani Law Firm Dubai

Partner/associate with Law Firm -Brus Chambers

Visit www.bhlegalease.co.in August 2007 – till date

Past:

HEAD, LEGAL AND INSURANCE

ISHIMA (SHIP MANAGEMENT) PTE. LTD. SINGAPORE

An exclusive Ship Management company run by D’amico Group –Italy July 2006 – August 200

  • Independently set up Legal and Insurance department and handled all in-house legal matters related to shipping business in Singapore
  • Represented company in arbitration matters related to charter party and Technical Management Contract
  • Prepared JV agreements, Technical Management Agreements, Manning Agreements and various other legal documents related to Shipping Business
  • Prepared all necessary documents for sale/purchase of ships including registration of the vessel with Singapore Shipping Registry
  • Represented company in Arbitration matters
  • Arranged and coordinated insurance of the entire fleet of vessel in the company
  • Directly Liaison with vessels underwriters for conducting surveys
  • Vetted and interpreted various clauses in Charter Party Agreements

 HEAD, LAW AND INSURANCE

UNIVAN SHIP MANAGEMENT LTD. HONG KONG Aug 2005 – June 2006

  •  Handled all in-house legal matters related to shipping business, in Hong Kong.
  • Prepared JV agreements, Technical Management Agreements, Manning Agreements and various other legal documents related to Shipping Business
  • Prepared all necessary documents for Sale purchase of ships including Registration of the vessel with Hong Kong Shipping Registry
  • Handled various short landing cases of VLCC and Bulk Carriers. Arranging Counsel and settlement of case with minimum cost to the company
  • Arranged and coordinated insurance of the entire fleet of vessel in the company.
  • Direct liaison with vessels’ underwriters for conducting surveys
  • Vetted and interpreted various clauses in Charter Party Agreement
  • Appeared and argued in Hong Kong Labour Tribunal for various employment related cases with positive results

FREELANCE MARINE LEGAL ADVISOR

TO UNIVAN SHIP MANAGEMENT LTD HONGKONG AND ITS OFFICES IN INDIA

Feb 2002 – Aug 2005

Duties Included

  • Handling all in-house legal matters related to shipping business, in India (i.e. New Delhi, Kochi, Chennai and Mumbai) and also at Hong Kong.
  • Offering advice to the Head office and branch offices in India, on legal matters related to manning services, marine insurance, marine accident and subsequent injuries.
  • Preparing agreements, contracts, for sale and purchase of ships.
  • Advice on employee issues covering labour and industry related laws.
  • Continually updating all required licenses and paperwork for the vessels-at-sea.
  • Maintaining regular liaison with Maritime, Customs and Income Tax officials.
  • Handling legal matters relating to ship arrests, cargo claims, short landing, on-board thefts and port authorities’ requirements.
  • Drafting of plaints, affidavits and legal statements

 MANAGER, LEGAL

INTEROCEAN GROUP OF COMPANIES, NEW DELHI

Mar 2001 – July 2005

  • Supervised a staff of 3 junior legal officers.
  • Provided legal support to the Organization
  • Examined legal documents and analyze MOU’s
  • Drafting, reviewing and vetting of key project contracts relating to the business undertaken by the company in India
  • Handled acquisition and disposal of ocean-faring vessels: conducted port visits for due diligence.
  • Prepared agreements, contracts, for sale and purchase of ships and properties.
  • Advise on acquisition of property and various legal and business issues
  • Handled labour related problems, filed and attended suits in labour courts
  • Advice on employee issues covering labour and industry related laws.
  • Advice on tender documentation including the request for proposals, Tender Memorandum and other bid documents.
  • Continually updated all required licenses and paperwork for the vessels-at-sea.
  • Managed legal matters relating to ship arrests, cargo claims, short landing, on-board thefts and port authorities’ requirements.
  • Maintained regular liaison with Maritime, Customs and Income Tax officials.
  • Assisted company’s clients with immigration needs.
  • Supervised drafting of plaints, affidavits and legal statements.
  • Appeared in Courts and Consumer Fora for company-related litigation.

INDEPENDENT PRACTICE

Delhi High Court, Lower Court and Consumer Forum

Jul1996 – Mar 2001

  • Advised and managed Company and Partnership incorporations
  • Drafted agreements for Joint Ventures, Mergers and Green-field projects
  • Conducted Arbitration matters on behalf of various clients
  • Advised corporate clients on legal aspects of strategic issues
  • Handled Insurance claims, sale and purchase of properties and other civil contracts
  • Prepared plaints, affidavits and other written legal statements
  • Appeared in courts independently and as a team of counsels
  • Handled labour related problems, filed and attended suits in labour courts
  • Advised on employee issues covering labour and industry related laws

JOINT PRACTICE

With Sr. Advocate Dr. S.P. Sharma and Advocate Chandra Kumari

Jun 1993 – Jul 1996

  • Drafted and filed paperwork related to civil and criminal cases, including bail documents
  • Advised clients on Property, Recovery, Injunction and the Negotiable Instruments Act

Corporate and Commercial, Insurance and Reinsurance, International Arbitration, Maritime and Shipping, Mediation

Member-Advocate, with Bar Council of Delhi (since 1993).
Panel-Advocate, National Insurance Company and Oriental Insurance Company.
Life Member, Indian Council of Arbitration, New Delhi.
Member, New Delhi Bar Association.
Associate Member, Indian Society of International Law.

Bachelor of Law from University of Pune (1991)
Main subjects: Maritime Law, Public International Law and Criminology.
B.Sc. Physics, University of Pune (1987)
Graduated with Distinction.

English, Hindi
201, TSL Corner, 3 LSC, Sector G, Mayur Vihar Ph III,
Delhi

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Subrat Kulshrestha