Jesper Martens
Jesper advises the world’s leading shipowners, tug owners and operators, charterers, P&I Clubs, commodity trading companies, chartering and sale & purchase brokers, ship managers, freight forwarders and shipping agents.
Jesper specialises in advising clients on the resolution of all types of shipping matters, both in court / arbitration and on the drafting of contracts. He has particular expertise in charterparty and carriage of goods by sea disputes, collisions, salvage, pollution, ship sale and purchase, newbuilding and marine insurance. The range of his experience includes private practice as a lawyer, both in Europe and Australia, and in-house shipping association and government work. He has acted as consultant to the United Nations International Maritime Organization (IMO); in-house adviser to both the International Chamber of Shipping (ICS) and the UK Chamber of Shipping; national EU and WTO/GATT negotiator; and lecturer for the A.P. Møller-Mærsk Group.
Jesper was recognised as Lawyer of the Year in Sydney by Best LawyersTM Australia 2024 for for his work in Transportation Law. Jesper was recognised as Lawyer of the Year in Sydney by Best LawyersTM Australia 2021 for his work in Shipping & Maritime Law. He remains listed by Best LawyersTM Australia 2024 for his work in Shipping and Maritime Law, Trade Law and Transportation Law. He is listed as one of the firm’s notable practitioners in Band 1 for Shipping in Chambers Asia-Pacific 2023 which noted that interviewees praise him as highly experienced and respected practitioner, noting that he is “a very hard-working individual”, “a sensible guy who’s good to have on the other side” and a lawyer who “gets straight to the point”, and “very competent and helpful in dealing with sensitive matters.”. Doyle’s Guide 2023 also named Jesper as a Leading lawyer for Shipping & Maritime Law in Australia. Jesper has also been named in Who’s Who Legal — Australia for Shipping 2023, and is described as “a highly reliable lawyer with strong experience of commodities, shipping contracts, collision disputes and charterparty agreements“. The International Trade and Shipping Expert Guide 2023 also lists Jesper as a leading lawyer in the field of shipping.
Experience
Jesper’s experience includes advising:
- TasPorts and their P&I insurers in respect of damage caused to two tugs, CAMPBELL COVE and YORK COVE, and environmental pollution, caused by the cement carrier MV GOLIATH on 28 January 2022 in the Port of Devonport, Tasmania, including drafting and negotiating a contract for wreck removal, advice on claims against the owners of MV GOLIATH, limitation of liability and security for the claims and arrest advice;
- Orient Overseas Container Line and their P&I insurers in relation to claims arising out of the loss of some 85 containers from the container ship APL ENGLAND in May 2020 off the coast of New South Wales. The advice involved acting for OOCL in a successful application to the Federal Court of Australia for access to APL ENGLAND to obtain evidence, and participating in a subsequent class action proceeding in the Federal Court, defending claims from cargo owners and claiming from the owners of APL ENGLAND;
- Mount Isa Mines Limited, owners of cargo on board the Ship “Thor Commander” in relation to salvage services provided to the ship due to an engine breakdown in 2015 close to the Great Barrier Reef, Queensland, and subsequent litigation in the Federal Court of Australia concerning costs incurred, general average and seaworthiness; and
- A charterer of a salmon wellboat in relation to London LMAA arbitration and mediation concerning a dispute about the vessel’s fitness for purpose under a 10+10 year time charterpary on an amended BIMCO Baltime 1939 form.