Vincent M. DeOrchis

437 Madison Avenue
24th Floor
New York, NY 10022

P: 212-551-7730
F: 212-599-5085

Biography

Vincent M. DeOrchis is co-chair of the firm’s Maritime and Transportation practice group. He also runs the firm’s Maritime Law Trainee Program which provides foreign lawyers (and P&I Club claims handlers) with an opportunity to observe the practices of maritime and transportation law in the United States.

Prior to joining Montgomery McCracken, Vince was a founding partner with DeOrchis & Partners. He has handled many of the leading cases in U.S. maritime law involving cargo, charter party, limitation of liability and hull claims.

Vince is a consulting expert to the U.S. State Department with respect to the UNCITRAL project to draft a new international cargo liability instrument. He has tried numerous cases, appeals and arbitrations throughout the United States during his career.

Selected Representations

Visiting Professor, John Simms Distinguished Admiralty Practitioner in Residence, Tulane University, 2006
Appointed to assist the U.S. Department of State in respect to negotiations in UNCITRAL regarding the “Rotterdam Rules Convention.” 2002-2008
Lord & Taylor v. Zim Integrated Shipping Services, 13 Civ. 3478 (SDNY). (Defense of Act of God upheld in a case involving Hurricane Sandy.)
Lead counsel, In the Matter of Rationis Enterprises Inc.– MSC CARLA, 325 F. Supp. 2d 318 (SDNY). (Limitation of Liability proceeding and subsequent indemnity case against Korean shipbuilder for a vessel that broke in half at sea.)
Bally, Inc. v. M/V ZIM AMERICA, 22 F.3d 65 (2d Cir. 1994). (New law regarding the burden on a cargo owner to prove that the missing weight of cargo exists at the time of delivery from a carrier.)
O’Connell Machinery Co. v. M/V AMERICANA, 797 F.2d 1130 (2d Cir. 1980).(Peril of the Sea defense upheld for a container that fell during a storm, and an arrest proceeding vacated due to sovereign immunity of a ship owner only partly owned by a foreign government.)

Selected Publications

Author, “Get Ready to Confront the Force (Majeure),” March 2020
Quoted in, “Left flat by abandoned tires,” American Shipper, May 2016
Quoted in, “US imports set to face little VGM scrutiny from Coast Guard,” The Journal of Commerce, April 6, 2016
Author, “Abandonment of cargo is no defense to ocean freight owed,” February 24, 2016
Quoted in, “TOTE seeks exoneration or limitation of liability in El Faro sinking,” American Shipper, November 2, 2015
Quoted in, “Judge Says Terminal Not Liable for Sandy-Soaked Sweaters,” New York Law Journal, June 12, 2015
Author, “Validation Principle May Increase Number of Future Arbitrations,” MEALEY’S International Arbitration Report, May 31, 2014
Author, “Party is Sanctioned for Destruction of Electronic Documents After Receiving a Claim,” Signals Newsletter, April 2014
Noted in, “ICC Issues Award For Sweeteners Plus In Dispute Over $7 Million Escrow,” MEALEY’S International Arbitration Report, March 25, 2013
Co-author, “Negotiation – An Attorney’s Manual and Inside the Minds: Founding a Law Firm”

Selected Speaking Engagements

Speaker, “Hot Topics: what’s new in the sectors?” International Bar Association’s 2017 Maritime and Transport Law Conference: Shipping, energy and commodities – Legal challenges in offshore, ports and sea carriage, Rio de Janeiro, Brazil, June 2017
Moderator, ACI Admiralty & Maritime Claims & Litigation Conference, Houston, Texas, January 2016
A Witches’ Brew of Bananas and Oil, Naphtha and Crude, brings Hurricanes and Bankruptcy and Low- Sulfur Fuel: Current Trends in U.S. Maritime Law, International Maritime Law Seminar, London, October 2015
Organizer and Moderator, International Maritime Law Seminar, held yearly in London, since 2006
Recognition and Enforcement of Foreign Judgments and Arbitral Awards in the United States, International Maritime Law Seminar, London, September 27, 2012
Where Have Settlements Gone? The Settlement Scene as Viewed From the 19th Floor Above Manhattan, International Maritime Law Seminar, London, October 27, 2011
Carriage of Goods, International Legal Training (“ILT”) Conference, Association of the Bar of the City of New York, October 20, 2011
Management of Large Casualties: Practical Thoughts and Suggestions, International London Seminar, October, 2010, PowerPoint Presentation
The Rotterdam Rules: Rough Seas or Smooth Sailing Ahead? IBA Vancouver, October 2010
UNCITRAL and the Rotterdam Rules: A Change in the Sea for Carriage of Goods, Invited speaker at Liberty International Underwriters, NYC, August 2010
Reefer Containers: A New Generation But Still Encountering Problems, Mediterranean Shipping Company (USA) Inc., New York, NY, March 2010
Applying The Rotterdam Rules: A Comparison of Maritime Case Law Under COGSA and the Rotterdam Rules, Maritime Law Association Fall Meeting, Hilton Head, SC, November 2009
When the Going Gets Tough, the Tough Get Going – A Carrier’s Tough Job in a Tough Economy, International London Seminar, October 2009
Analysis of the Rotterdam Rules, Ministry of Justice, Bogota, Colombia, November 2008
Rule B Attachments and Rule C Arrest: A Side-By-Side Comparison, Maritime Bar Association, Santiago, Chile, October 2008
Discussion of Punitive Damages in Maritime Law, Finnish Maritime Law Society, March 2008
Arrest of Vessels, International London Seminar, November 2007
Has The Time Come For Anonymous Cargo To Come Out Of The Box? Iberio Americano Institute, November 2007
Third Party Practice Under United States Law, International London Seminar, October 2006

Honors & Awards

The Best Lawyers in America, Maritime Law, 2006 – 2019 Editions (consecutively)
Who’s Who Legal, Shipping & Maritime, 2010 and 2015
Chambers USA, America’s Leading Business Lawyers Guide, Transportation: Shipping: Litigation, 2017-2019
New York Super Lawyers, 2011-2019, Metro Editions, The Annual List – The Top Attorneys in the New York Metro Area
Nominated by GlobalLawExperts for the position of Legal Adviser for Maritime Law in America, September 2011
New York Super Lawyers. 2010, Metro Edition, Article – Sea Change, How Vincent DeOrchis Helped Update 80-Year Old Maritime Law
Chambers USA, America’s Leading Business Lawyers Guide, Transportation: Shipping: Litigation, 2009
Martindale, Hubbell AV Rated

Professional Activities & Achievements

Serves on the Editorial Advisory Board of the Journal of Transportation Law, Logistics and Policy, Association of Transportation Law Professionals, Inc. (ATLP)
Titulary member of the Comitè Maritime International (CMI)
Member of the Italian American Bar Association
Served on the board of directors of the Maritime Law Association of the United States
Served as Chairman of the Committee on Carriage of Goods, and Vice Chair of the Committee on Maritime Fraud
Served on the board of directors of New York Maritime, Inc. (NYMAR)
Participated as a briefing judge in the Judge John R. Brown National Moot Court Competition