Peritaje de Siniestros Marítimos: Methodology, Cadena de Custodia y Validez Internacional

1. The Emergency in the Investigation of Maritime Sinisters

In the expert of maritime sinisters, time is the enemy of evidence. Unlike a sinister land, a ship on the high seas or a foreign port is exposed to environmental degradation, manipulation of the crew and pressure from local authorities to release the ship as soon as possible.

At Prop Trust Verified, we activate our protocol Rapid International Response. Our objective is to have an independent expert in the location of the sinister in less than 48-72 hours, ensuring the preservation of the tests before they are altered or disappeared.

2. Naval Forensic Research Methodology

Our methodology is based on the standards of the main classification companies and the evidence rules of the maritime arbitral tribunals (LMAA, SMA, ICC). It is divided into three critical phases:

Phase 1: Preservation and Custody Chain

The first thing is to secure the scene. If there is a risk of contamination (fuel spill) or danger to the crew, it is coordinated with the port authorities. Critical records are seized and sealed: the Navigation Journal (Deck Logbook), the Machine Journal (Engine Logbook), and the download and preservation of data is requested VDR (Voyage Data Recorder) and the system AIS (Automatic Identification System).

Phase 2: In Situ Inspection and Interviews

The expert performs a thorough inspection of the damage, documenting photographically and via video (with time stamps and geolocation) each finding. At the same time, confidential interviews are conducted with the captain and the guard officers, under confidentiality agreement (NDA), to rebuild the chronology of the facts.

Phase 3: Raíz Case Analysis (RCA) and Report Drafting

We use structured methodologies like the Tree of Causes (Fault Tree Analysis) or method 5 Whys to determine not only the immediate cause (e.g. valve failure), but the root cause (e.g. lack of preventive maintenance or human fatigue error).

3. More Frequent Sinisters Types

Our team has documented experience in researching the most complex sinisters in the maritime sector:

• Colisions and Abordages: Review of rules COLREG (International Regulatory for the Prevention of Coordination), reconstruction of maneuver through AIS/Radar data and determination of proportional responsibility.
• Machinery (Machinery Damage): Catastrophic failures in major engines, steam turbines or propulsion systems. We determine whether it was a design defect, maintenance failure or operation error.
• Loss or Damage of Charge (Cargo Claims): Research of moisture damage, improper temperature (cold chain break), incorrect stub or cross-contamination. Especially critical in liquid bulk and cooled load.
• Varadas (Grounding) and Hundimientos: Evaluation of structural damage, stability analysis and determination of whether the strand was accidental or intentional (scuttling).

4. El Informe Pericial con Validez Internacional

The final delivery is not a simple technical report; it is a legal document. Our reports are written in legal-technical English, following the guidelines of the International Bar Association (IBA) for the taking of evidence.

To ensure its validity in more than 120 countries, all our reports can be legalized through the Apostille de The Hague. In addition, our experts are prepared to travel and ratify their findings under counter-interrogation (cross-examination) at arbitration sites such as LMAA (London), SMA (New York) or ITC (Paris).

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