Maritime Litigation

For more than twenty years Robles y Robles has specialized in handling maritime litigations, mainly representing insurance companies subrogation of cargo claims, as well as purveyors of supplies to ships and shipowners of fishing vessels.

We initiated our practice in these field of Law simultaneously with the creation of the Panama Maritime Court in 1982, whose main purpose was to replace the U.S. District Court of the Canal Zone which ceased to function under the Torrijos-Carter Treaty subscribed between Panama and the United States of America in 1977.

Since the promulgation of Law No. 8 of 1982, the Panamanian Maritime Court has exclusive jurisdiction on the claims arising from actions related to commerce and carriage of goods by sea performed inside Panamanian territory, its jurisdictional waters, rivers, lakes and in the Panama Canal. The Panama Maritime Court can also acquire jurisdiction in the following actions:

1. When legal action is brought against the ship or his shipowner, and the ship is arrested within the Panamanian jurisdiction as a consequence of the legal action.
2. When the Panamanian Maritime Court arrests or seizes any assets of the defendant, even though the defendant has no domicile in the Republic of Panama.
3. When the defendant is within Panamanian jurisdiction and has been personally notified of the legal action brought against him at the Panamanian Maritime Court.
4. When one of the ships involved is registered in Panama, or the applicable law of the contract in conflict is the Panamanian Law, or if the parties expressly or impliedly accept the jurisdiction of the Maritime Courts of the Republic of Panama.

Therefore in a nutshell the Panamanian Maritime Courts can acquire jurisdiction through action “in rem” against any ship while transiting the Panama Canal or while on berth in one of the Panamanian ports, be it either in the Pacific or the Atlantic Ocean; and can also acquire jurisdiction through action “in personam” against the arrest of any assets property of the defendant which are within the jurisdiction of the Republic of Panama. These assets do not necessarily need to be ships and can also include the cargo being carried on them, the freight, the fuel, and others. It is also convenient to remark that the Panamanian Maritime Courts has natural jurisdiction over any Panamanian corporation and ship registered in Panama without the need to acquire it through the arrest.

Registration of Ships , Title and Mortgage

One of the most important services we provide to our clients is the registration of ships in the Merchant Marine of Panama Registry of Ships, as well as registration of ship mortgages in the Panamanian Public Registry.

Panama is an open registry system which permits clients to register their ships by applying through their legal representatives at Panama office or the Panama Merchant Marine General Consulates. At the beginning, a Provisional Navigation License, valid for a six (6) months period, would be granted and as soon as the required documentation is secure, the Permanent Navigation License should be granted. Extension periods to submit the proper documentation can be obtained through the Panama Shipping Bureau if necessary.

The Panamanian Registry of Ships Title and Mortgage system is an useful juridical instrument due to the confidence that provides to financial institutions as well as the flexibility to both parties in complying the formalities of these procedures, but enhances sufficient security to the ownership of vessel in their titles and to the mortgagor regarding the credits granted to shipowners, providing a worldwide security. Title of Ships constituted by contract, assignment, judicial auction or any other legal way must content the acceptance of agreement by both parties and needs to be granted before Panamanian Consulate acting in Notarial functions. The Ship mortgages can be constituted by private document, either within or outside Panama, and formalities can be agreed following the law of the country where the mortgage is being executed. Under the law of titles and mortgages a preliminary registration is possible through Authorized Consuls of Merchant Marine who receive and process the applications according to forms attached. It is important to comply with the final registration due to the fact that within six month's period of time, the preliminary registration shall expire as a matter of law and the Public Registry office shall proceed on its own to make the corresponding notations.

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Panamanian Corporations

Due to Panama’s geographical position the country has always characterized as a service oriented economy. In this context, the aim of the legal and institutional framework existing in Panama is to offer many facilities and incentives for the development of international commercial and service activities in Panama, with few requirements regarding the nationality of investors and no restrictions whatsoever on currency conversion. By virtue of the Corporation Law of 1927 of the Republic of Panama, which has the Delaware Corporation Law as a direct reference, one of the most important legal services was developed which offers various attractive incentives for investors such as:

1. The directors and officers of the company do not need to be neither panamanians nor shareholders of the company.

2. The corporation has the power to create and issue either nominative or bearer shares; to create and issue shares with or without nominal value; and to create and issue one or more classes of shares (preferred shares, different voting powers, etc.).

3. The Shareholders Meeting and the Board of Directors Meeting can be held in any part of the world, even by telephone, fax or through electronic communications.

4. The shareholders can be completely anonymous if they desire to, this can be achieved through the issue of bearer shares. Even though this is not the case with nominative shares, our office undertakes the commitment to conceal the shareholders identity.

5. Panamanian legislation does not consider as taxable income revenues originating from transactions taking place outside the Republic of Panama (offshore), even if such transactions are managed or controlled from within Panamanian territory.

6. The corporation is allowed to perform any type of legal business.

7. The fact that the effective currency in Panama is the U.S. Dollar serves as a built-in guarantee against the establishment of foreign exchange regulations.

8. An international banking center of over one hundred and twenty (120) banks which operates freely in all currencies, coupled with the absence of a central bank, creates a financial climate that encourages the free movement of funds to and from the country. Also is important to emphasize that information related to banking operations and all bank accounts in Panama are protected under a rigid banking secrecy principle.

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Private Interest Foundations

Another legal service provided by us is the private interest foundation, which is a legal entity of great utility for hereditary conservation purposes and for the preservation of the family estate. This is achieved by the constitution of a separate and autonomous estate from the assets of the founder, without loosing legal control of the assets part of the foundation.

Some of the advantages offered by the Private Interest Foundation are the following:

1. Hereditary planning with the utmost confidentiality, as those stipulations are established in a private document, which does not require to be registered for its lawful enforcement against third parties.
2. The acts which establish, amend, or terminate the foundation, as well as transfer, transmit or encumber assets of the foundation and any profits arising from these, shall be exempt from all taxes or charges of any kind, if the (a) assets are located abroad, (b) any money deposited by either personal or legal person, whose income is not derived from a Panamanian source or is not taxable, (c) stocks or securities, which are not issued by any Panamanian corporation or whose income derive from the same, or which are not taxable for any reason, even if these are deposited in Panama.
3. Even though a Private Interest Foundation is not allowed to carry out acts of commerce, commercial transactions are permitted when they fulfil the purpose of the Foundation or to optimize the assets of the Foundation.
4. Corporations can act as beneficiaries, members of the Foundation Council and protectors of the Foundation.
5. The managing of the assets and acts of the Foundation will be achieved in accordance with the dispositions made by the founder in the Foundation Charter and Regulations.

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