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RepoRt Superyacht the TRUTH • OPINION KNOWLEDGE • IDEAS AND EXPERT INDUSTRY ANALYSIS ISSUE 155 JULY 2014 NATURAL SELECTION Nautor Air, the next stage in the development of the ‘pocket’ explorer from Cantiere delle Marche. Page 24 NEW BLOOD The value of apprenticeship schemes TSR looks at the benefits of training at grassroots level. Page 35 SHIPYARD INTELLIGENCE A five-year review examining what has been delivered between 2009 and 2013. Page 49 TAKING A SEAT AT THE TABLE The top three builders in the USA order book talk about their positioning in the new-build market.

RepoRt · 2015-07-22 · the superyacht report 64 Issue 155 / Sponsored Content The 2014 Superya cht Lawyers Index daBeLstein & PassehL Grosse Elbstrasse 36, 22767 Hamburg, Germany

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Page 1: RepoRt · 2015-07-22 · the superyacht report 64 Issue 155 / Sponsored Content The 2014 Superya cht Lawyers Index daBeLstein & PassehL Grosse Elbstrasse 36, 22767 Hamburg, Germany

RepoRt

SuperyachttheT R U T H • O P I N I O N K N O W L E D G E • I D E A S A N D E X P E R T I N D U S T R y A N A L y S I S

Issue 155july 2014

natural selectionNautor Air, the next stage in the development of the ‘pocket’ explorer from Cantiere delle Marche.Page 24

new bloodThe value of apprenticeship schemes – TSR looks at the benefits of training at grassroots level.Page 35

shipyard intelligenceA five-year review examining what has been delivered between 2009 and 2013.Page 49

taking a seat at the tableThe top three builders in the USA order book talk about their positioning in the new-build market.

Page 2: RepoRt · 2015-07-22 · the superyacht report 64 Issue 155 / Sponsored Content The 2014 Superya cht Lawyers Index daBeLstein & PassehL Grosse Elbstrasse 36, 22767 Hamburg, Germany

the superyacht report

63Issue 155 / Sponsored Content

The 2014Superyacht Lawyers

Index

Bohonnon Law Firm 195 Church Street, 8th Floor, New Haven, Connecticut 06510, USAContact: David M. BohonnonTel: +203 787-2151Email: [email protected]: www.bohonnon.com

The Bohonnon Law Firm is a fourth-generation, AV rated law firm focused on helping clients achieve their goals in civil law, corporate law, estate and tax planning and maritime law communities in the United States and internationally.

Regional offices Coverage base: eastern coast of United States

Specialist areas of superyacht legal expertise • US & international superyacht construction and purchase and sale

agreement – drafting and negotiation• State and federal US tax law: audit, appeals and litigation –all facets of

yacht ownership and operation• Litigation and arbitration of maritime contract disputes, construction

defect claims, warranty, causality and insurance claims• Handle vessel arrest and foreclosure matters – maritime liens, NOAA and

US regulatory disputes• US and international vessel registration and flagging• US sustoms and duty matters• Crew and management contracts (MLC)

CLyde & Co LLP Clyde & Co LLP, The St Botolph Building, 138 Houndsditch, London EC3A 7AR, UKContact: John LeonidaTel: +44 (0)20 7876 5000Email: [email protected] / [email protected]: @ClydeCo_SYLaw #SuperyachtLawWebsite: www.guidetosuperyachtlaw.com / www.clydeco.com

Clyde & Co’s bespoke, first-class service is second to none, providing essential guidance and support on commercial and operational decisions. Our level of knowledge is unique and with our full-service approach we can cover asset finance, tax, employment, insurance, corporate law, disputes and regulatory issues. Our specialist lawyers are dual qualified and multilingual. This, coupled with our capability to deal with regional issues through our global network of offices and local correspondents, means we offer support across every jurisdiction.

Regional offices Africa, Asia, Australia, Europe, North America and South America Specialist areas of superyacht legal expertise • New build negotiations• Sale and purchase• Yacht finance• Owning and operating structures

• Marine casualty• Marine insurance• Yacht litigation• Crewing and management

operating within the confines of a post-crisis economy the uhNWIs who ultimately drive our industry are demanding

greater professionalism from an increasingly qualified group of advisors to protect them and their assets. however, with the

marketplace contracting and the competitiveness that this garners becoming fiercer, gentleman’s agreements are a thing of the past, as today’s owners base their recruitment decisions on reputation and industry standing. In order to assist owners

and their advisors in this process, we have compiled a list of the legal advice available in our industry.

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the superyacht report

64 Issue 155 / Sponsored Content

The 2014 Superya cht Lawyers Index

daBeLstein & PassehLGrosse Elbstrasse 36, 22767 Hamburg, GermanyContact: Dr Jan Dreyer/Sieke Kremer-TiedchenTel: +49 (0) 40 317 7970Email: [email protected] / [email protected]: www.da-pa.com

Founded in 1930 Dabelstein and Passehl specialises in advice to all parties in the maritime industry and has unique expertise in all shipping-related areas of business. When it comes to luxury yachts, we have advised shipyards, suppliers, owners, managers and fi nancing, registration, crewing, insurance and those operating the craft. Our team of 30 lawyers ensures a timely response to your requirements.

Regional offi cesEms Offi ce, Leer, Germany.

Specialist areas of superyacht legal expertise

• Building, supply and design contracts, fi nancing and securities

• Sale and purchase• New building and registration• Company law related to

shipping

• Marine Insurance• Crew contracts• Conversion and repair contracts• Yacht transports• Collisions• Criminal charges against

owners and operators

2401 PGA Blvd, Suite 260, Palm Beach Gardens, Florida 33410, USAContact: Jeffrey W. CoxTel: +561 747 8266Email: [email protected]: www.coxmaritimelaw.com

Cox Maritime Law handles all legal matters related to yacht ownership. Mr Cox is a Florida licensed attorney, with a worldwide network of yachting industry and legal contacts that allows our offi ce to provide global assistance with all legal matters pertaining to the ownership of large yachts. We handle all facets of the transaction from the initial purchase agreement to the closing and documentation of the yacht.

Specialist areas of superyacht legal expertise i• Yacht purchasing or sales• New yacht construction �• Forming foreign and domestic corporations � • Offshore closings � • Foreign fl agging � • Yacht chartering• Crew employment � • Documentation services

CredenCe maritime40, Sir Augustus Bartolo Street, Ta’ Xbiex, MaltaContact: Adrian Muscat AzzopardiTel: +356 79467023Email: [email protected]: www.credence.com.mtCredence Maritime, a subsidiary of Credence Corporate and Advisory Services, puts a highly specialised team of professionals at your disposal. We offer legal advice on all aspects involved in the ownership and management of pleasure or commercial vessels.Credence also advises on bespoke ownership structures for optimal fi scal considerations. Our registration department offers an end-to-end registration and representation service of vessels in Malta.

Specialist areas of superyacht legal expertise include:

Other active industriesTrusts and fi duciary, corporate, contract drafting and advice, tax, international legal, investment funds, fi nancial services, licensing (E-money, banking).

• Ownership structures• Legal advice on new-builds,

representing the owner with the yard.

• Set up of efficient VAT aand tax structures

• Advice on charter contracts, sale and acquisition

• Crew contracts, payroll and endorsements

• Handling of accounts, VAT and tax, banking.

etude andrÉ harPes1, place du Théâtre, L-2613, LuxembourgContact: André Harpes, lawyerTel: +352 29 73 33Email: [email protected]: www.hfa.lu

Since 1996 our fi rm has been strongly committed to the national public ship register and in particular to the evolution of the unique opportunity provided by the Red Lion Flag.

The yachting industry is a crucial part of our business, resulting in a highly developed knowledge of VAT matters concerning every aspect of the industry.

Our full range of services covers the planning stages through to the choice of fl ag as well as yacht fi nancing and registration. We also provide yacht owners with property and operating structures in terms of corporate and tax compliance, offering the most balanced solution to their particular personal requirements.

Specialist areas of superyacht legal expertise

• Choice of fl ag• Financing and registration of

your yacht• Mortgage registration

• Providing property and operating structures in terms of corporate and tax compliance

• Domiciliation

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FAVAREL & ASSOCIES

SELARL AU CAPITAL SOCIAL DE 3.000 € - RCS MARSEILLE N°2005 D 0010 - SIRET N° 480 513 911 00011 N°TVA INTRACOMMUNAUTAIRE : FR1448051397700011 – CODE APE : 741A

 

Marseille, le 21 mai 2014

Object : The 2014 Superyacht Lawyer’s Index Compagny Name : Favarel et Associés Head office Adress : 18 quai de Rive Neuve, 13007 Marseille, France Website : http://favarel-associes.fr/cabinet.html Contact Name: Béatrice Favarel Telephone Number: +33 4 91 13 03 03 Email: [email protected] Business Description: Since  1997,  Favarel  &  Associés’s  practice  areas  have  been  developed  to  offer  a  high  expertise  in  international  litigation,  whether  it  be  relating  to  international  business  law,  tort  or  maritime  law.    

The  firm  deals  on  a  regular  basis  with  the  negotiating  and  drafting  of  international  construction  contracts  for  mega-­‐luxury    Yachts  (CNC    COUACH).  

Favarel  &  Associés  is  also  well-­‐known  for  being  extremely  reactive  in  cases  of  ship-­‐arrests,  environmental  disasters  and  international  labor  accidents.    

Béatrice FAVAREL D.E.S.S. Juriste d’Affaires

International D.E.S.S. Droit Maritime

et des Transports

Sébastien GOULET D.E.S.S. Droit des Affaires

D.E.S.S. Juriste International

Avocats Associés

Denis MOURALIS Agrégé des Facultés de Droit

Professeur à l’Université d’Avignon

Consultant

Hélène de FERRIERES Lauréate Ecole de Formation

du Barreau de Paris DEA Droit International

Diploma in Legal Studies Oxford University

Frank FARHANA Docteur en Droit

Master II Droit Maritime et des Transports

Marie FEUILLARD KARMANOV

Master II Droit Privé et Droit du commerce International

Master II Géopolitique et Relations Internationales

Avocats

18, Quai de Rive-Neuve 13007 Marseille

Tél :+33 4 91 13 03 03 Fax : +33 4 91 13 03 04

[email protected]  

Correspondants DOM

Martinique 54 bd Charles de Gaulle

97000 Fort de France

Guadeloupe 23 rue F. Arago

97110 Pointe à Pitre

Saint-Barthélemy 30 Villa Créole Saint Jean

97113 Saint Barthélémy

 

FaVareL & assoCiÉs 18 quai de Rive Neuve, 13007 Marseille, FranceContact: Béatrice FavarelTel: +33 4 91 13 03 03, Béatrice Favarel : +33 6 86 67 76 72 and Sébastien Goulet : +33 6 48 08 11 35Email: [email protected]: www.favarel-associes.com/cabinet.html

Since 1997, Favarel & Associés’s practice areas have been developed to offer high expertise in international litigation, whether it be relating to international business law, tort or maritime law. The fi rm deals on a regular basis with the negotiating and drafting of international construction contracts for mega-luxury yachts (COUACH). Favarel & Associés is also well-known for being extremely reactive in cases of ship-arrests, environmental disasters and international labour accidents.

Regional offi ces

Specialist areas of superyacht legal expertise • Drafting of building contracts

of yachts and superyachts• Financing of yachts and

superyachts, mortgages• Insurance, reinsurance

• Ship arrests• Tax law• Ship registration• Public maritime law

GarriGuesHermosilla, 3, 28001- Madrid, SpainContact: Miguel Angel Serra GuaschTel: +34 971 213 484Mobile: +34 619 435 281Email: [email protected]: www.garrigues.com

Garrigues is the Iberian Peninsula’s leading tax and legal services fi rm in terms of professional headcount and billings, the leading law fi rm in continental Europe and we have our own presence in Europe, America, Asia and Africa. Our history dates back to 1941 and our work is marked by the business-fi rst approach and global vision that have made the fi rm the market leader. At present, our team is made up of more than 2,000 people and offers advice all over the world on the whole range of business-law-related matters.

Regional offi ces23 offi ces in Spain. Among others: Madrid, Barcelona, Palma de Mallorca, Valencia, Seville, New York, London, Brussels, Shanghai, Lisbon, Porto, Warsaw, Lima, Casablanca, Sao Paulo and Tangiers.

Other active industries Tourism and hotels, transport and shipping, corporate governance & corporate responsibility, family business, private equity, real estate, automotive, banks and savings banks, energy, telecommunication & media, technology and outsourcing, pharmacy and biotechnology.

Clé Paris 35 boulevard Malesherbes75008 Paris

DOM -Martinique : 54 bd Charles de Gaulle97000 Fort de France

Guadeloupe :23 Rue F. Arago97110 Pointe à Pitre

Friary Court, 65 Crutched Friars, London EC3N 2AE, UKContacts: Jay Tooker, Partner/Elinor Dautlich, PartnerTel: +44 (0)20 7264 8000Email: [email protected] / [email protected]: www.hfw.com

HFW is ranked by legal directories Chambers and Legal 500 as a top law fi rm specialising in the maritime sector. Our broad yacht practice draws together a large team of international lawyers with in-depth knowledge of this sector. With 13 international offi ces, we provide an integrated global service. While we have years of experience within the yacht sector, all of our lawyers also have experience in the wider maritime industry, meaning our advice to clients always has a commercial perspective.

Regional offi ces London, Paris, Brussels, Geneva, Piraeus, Dubai, Hong Kong, Shanghai, Singapore, Melbourne, Sydney, Perth, São Paulo.

Specialist areas of superyacht legal expertise

Other active industries Shipping; aviation; fi nancial institutions; insurance and reinsurance; travel, cruise and leisure; energy and resources; construction; logistics; and ports and terminals.

• Construction, refi t and design contract

• Finance and leasing, ownership structures/VAT

• Sale and purchase• Chartering

• Insurance• Management and crewing• Security• Dispute resolution• 24hr casualty and emergency

response

GeronymaKis & Partners Law oFFiCe371 Syngrou Avenue, P. Faliro 17564, Attiki, GreeceContact: Aris GeronymakisTel: +302 109 483 300Email: [email protected]: www.geronymakis.com

Geronymakis & Partners Law Offi ce is highly specialised in all yachting-related transactions. Our yachting legal teams stays always up to date with recent legislation and regulations, and through our international network we are able to undertake any yachting-related project on a worldwide basis.

Specialist areas of superyacht legal expertise

Other active industries Real Estate, tax planning, business law, aviation law, corporate structures.

• Sale and purchase transactions• VAT specialists • Yacht leasing and fi nancing• EU and offshore fl at

registrations

• EU and offshore ownership structures

• Commercial structures• Insurance claims

Geronymakis & Partners

The 2014 Superya cht Lawyers Index

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Ince & Co, International House, 1 St Katharine’s Way, London E1W 1AY, UKContact: Albert Levy, global head of yachts and superyachts Tel: +44 (0)20 7481 0010Email: [email protected] Website: incelaw.com

Ince & Co has a global team of lawyers across our 11 international offices dedicated to yacht and superyacht work. We provide high quality, cost-effective legal services to yacht owners, charterers, managers, lenders, insurers, brokers, designers or builders – whatever the size or type of craft. In the event of disputes, we provide clients with our full range of litigation, arbitration and mediation expertise.

Regional offices Beijing, Dubai, Hamburg, Hong Kong, Le Havre, London, Monaco, Paris, Piraeus, Shanghai, Singapore.

Specialist areas of superyacht legal expertise

Other active industries

Aviation, business and finance, commercial disputes, energy, international trade and commodities, insurance and reinsurance, ship and asset finance, shipping.

• Superyacht newbuilding projects

• Sale and purchase of new and second-hand yachts

• Financing• Yacht registration• Tax

• Statutory compliance• Commercial management and

operation• Employment, crewing and

chartering• Casualties and salvage• Insurance

PG LeGaLVia Sant’Andrea, 3 200121 Milan, ItalyContact: Gianfranco PuopoloTel: +39 02 760 13359Email: [email protected]: www.pglegal.it

PG Legal is an independent corporate and commercial law firm providing a full range of services to Italian and multinational corporations in a wide range of sectors. Our yachting services cover all the phases related to the construction, sale and lease of megayachts, starting from specific arrangments regarding yacht financing to yacht building contracts, repair and refit agreements to more general sale and purchase contracts, leasing and chartering agreements. Ranked in Chambers Europe 2014 as top yachting firm.

Regional offices Rome and Naples

Specialists in superyacht legal expertise

Other active industries Insurance, finance, energy, shipping, aviation, fashion and luxury goods, information technology and communication.

• Gianfranco Puopolo• Lorenzo Ranieri

• Lucilla Margherita• Fabio Ruosi (Tax)

Perry and neBLett, P.a. Contact: James H. Perry IITel: +1 305 321 7000Email: [email protected]: www.SuperyachtLawyers.com Address: 2250 South Bayshore Dr., Suite 211, Miami, FL 33133, USA

Perry & Neblett is an international maritime law firm with the knowledge and experience necessary to serve the needs of the superyacht industry. The firm has a team of dedicated professionals led by Yacht Lawyer James Perry to oversee the purchase, sale and/or construction of superyachts, and other matters such as flagging/registration, new build construction, warranty claims, offshore company formation, chartering, insurance disputes, marine finance, crew and employment matters, personal injury, and duty/VAT/tax issues.

Specialist areas of superyacht legal expertise

Yacht TransactionsCharteringNew build Construction/RefitMarine Lending & FinanceYacht RegistrationCrew IssuesWarranty ClaimsMaritime LiensContract Disputes

Warranty ClaimsFlagging/RegistrationOffshore Company FormationPersonal Injury/DeathInsurance ClaimsSales and Use Tax/DutySalvage/Towage/PilotageProduct LiabilityLitigation/Arbitration

Keates FerrisyaChts and suPeryaChtsSt Martin’s House, 16 St Martins Le Grand, London EC1A 4EN, UKContacts: Jonathan Hadley-Piggin, Andrew Keates, Rachel Addinall, Jonathan Kemp Tel: +44(0)1363 8601 138 and+44(0)20 7397 8430Email: [email protected]: www.keatesferrisyachts.com

Our team of specialist lawyers (three are ex-mariners) advise on legal affairs relating to the yachting and superyacht industry. We act in non-contentious matters, including sale, purchase and financing transactions and give advice on drafting and negotiating contracts and contractual issues arising during the course of business. We provide assistance in resolving disputes through negotiation, mediation, or arbitration/ litigation. With their background, the team brings practical expertise and wide experience in legal practice to their varied client base.

Specialist areas of superyacht legal expertise

Other active industries Commercial shipping – dry shipping; disputes resolution; Admiralty and commodity trading and corporate/commercial.

• Yacht construction and sale and purchase

• Refit, management contracts and yacht finance and mortgage registration

• Crew agreements/employment contracts and claims

• Claims for defective work and workmanship

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thomas CooPer LLPIbex House, 42-47 Minories, London EC3N 1HA, UKContacts: Simon Murfi tt & John StrangeTel: +44 207 481 8851Email: simon.murfi [email protected] [email protected]: www.thomascooperlaw.com

Our yacht team provides legal advice and practical guidance in all aspects of yachtand superyacht ownership, sale, purchase, fi nance, dispute resolution insuranceand management. We are experienced in advising on superyachts grand prixracing yachts and private pleasure crafts and have a wealth of experience advisingon yachting and maritime matters.

Regional offi cesMadrid, Paris and Piraeus.

Specialist areas of superyacht legal expertiseThomas Cooper’s International presence and network provides access to many jurisdictions and advise yacht underwriters, P&I clubs, Lloyd’s syndicates, yacht underwriters, brokers, manufacturers, yacht owners, managers and agents, yards and marinas, marine surveyors, project managers and banks.Other active industries Shipping, marine personal injury, fi nance, dispute resolution, private client,insurance and reinsurance, corporate fi nance, international arbitration,international trade and commodities.

Van steenderen mainport Lawyers B.V.Zeemansstraat 13, 3016 CN Rotterdam, The NetherlandsContacts: Arnold J. van Steenderen and Charlotte J. van SteenderenTel: +31 (0)10 266 7866Email: [email protected] [email protected]: www.mainportlawyers.com

Van Steenderen Mainport Lawyers is a leading full service law fi rm specialising in shipping, transport, energy & offshore and insurance. We provide transactional, litigation and mediation services. We have vast experience in the superyacht market.

Our eight lawyers are advising on commercial transactions and on dispute resolution through the State court and through arbitration or mediation. If necessary, we will draw on our network of lawyers and specialists in other jurisdictions.

Specialist areas of superyacht legal expertise

Other active industries Energy & offshore, fi nancial services, insurance, shipbuilding and transport.

• Building contracts• Contracts for refi ts and

conversions• Charter agreements• Registration and defl agging• Confl ict management

• Collision and salvage• Sale & purchase• Financing documentation• Insurance matters• Design agreements

VaarZon-moreL soLiCitorsPort newcastle australia Head offi ce: Rm 201/ 17 Bolton Street, Newcastle, NSW, 2300 AustraliaPostal address: PO Box 702, Newcastle, NSW, 2300 AustraliaContact: Marcel Vaarzon-MorelTel: +61 (02) 4929 1174Email: [email protected]: www.vaarzonmorelsolicitors.com.au

Vaarzon-Morel Solicitors provides specialised services to the superyacht industry, owners, captains and crew. You can feel secure due to the special fi duciary relationship that is created when consulting with us. We advocate for you and provide advice in respect to all legal services that are required when buying, selling, operating and travelling to Australia. We provide services on an international basis, leveraging our trusted contacts around the world to offer you the best service possible. We publish legal articles in Ocean and Great Southern Route publications and are a member of Superyacht Australia and MLAANZ.

Specialist areas of superyacht legal expertise

Other active industries Commercial law

• Contracts including build, sale and repair contracts

• Advice on ownership structures and business entities

• Taxation

• Insurance• Maritime employment• Customs duties • Export and import issues

roBert aLLen LawFour Seasons Offi ce Tower, 1441 Brickell Avenue, Suite 1400, Miami, Florida 33131, USAContact: Robert N. Allen, JrTel: + 1 305 372 3300Email: [email protected]: www.robertallenlaw.comRobert Allen Law advises a diverse client base including yacht manufacturers, distributors, banks, foreign investors, and Fortune 500 companies. We have experience in cross-border, international transactions representing domestic and foreign companies in a broad array of legal activities. In addition to being a full service law fi rm that handles commercial litigation, mergers and acquisitions, real estate, corporate law, and corporate fi nance, our fi rm has developed a dynamic practice in the yachting industry representing yacht builders, yacht distributors, yacht brokers, lenders for yacht transactions, and private buyers and sellers of yachts.

Specialist areas of superyacht legal expertiseYacht lending law; yacht purchase and sale transactions; yacht dealer agreements; yacht manufacturer representation; crew contracts; charter agreements; fractional ownership; yacht listing agreements.

The 2014 Superya cht Lawyers Index