Job Description

Led by Rodolphe Saadé, the CMA CGM Group, a global leader in shipping and logistics, serves more than 420 ports around the world on five continents. With its subsidiary CEVA Logistics, a world leader in logistics, and its air freight division CMA CGM AIR CARGO, the CMA CGM Group is continually innovating to offer its customers a complete and increasingly efficient range of new shipping, land, air and logistics solutions.

Committed to the energy transition in shipping, and a pioneer in the use of alternative fuels, the CMA CGM Group has set a target to become Net Zero Carbon by 2050.

Through the CMA CGM Foundation, the Group acts in humanitarian crises that require an emergency response by mobilizing the Group’s shipping and logistics expertise to bring humanitarian supplies around the world.

Present in 160 countries through its network of more than 400 offices and 750 warehouses, the Group employs more than 155,000 people worldwide, including 4,000 in Marseilles where its head office is located.

Main tasks and Responsibility

The Legal Counsel will be assigned well-defined strategic initiatives to address day-to-day legal functions. They will include the following:

1. Claim and litigation management

• Follow-up of claims and maritime litigation in general in compliance with CMA CGM procedures (in close collaboration with the maritime surveyors as a precautionary measure and with the lawyers in case of litigation)
• Receipt of letters of protest, expert reports and defend the interests of the shipping line and the agencies within the EAF cluster,
• Issuing notifications of damages addressed to the concerned third parties in case of damage, shortages, or road accidents,
• Offer help and assistance to the lawyers in the drafting of the Summonses, of the pleading in answers to petition and of the arguments in reply, and more generally in the follow-up of the procedures initiated by or against the Entities,
• Processing of SSC pre claims, including the provision of “Discharge tally sheets”, “Vessel protest letters” (if any), Commercial Invoices, Packing Lists, “Container Damage reports”, etc.
• Assistance in obtaining “Data Loggers” and answering all questions related to claims with the provision of all elements likely to exclude or reduce the liability of CMA CGM Entities

2. Management of insurance and indemnification

• Review insurance contracts between the Agency and the insurance company
• In case of damage to the motor vehicles, informing Insurers and Brokers within the contractual deadlines,
• Taking precautionary measures and commissioning experts to protect CMA CGM's interests,
• Preparation and follow-up of claims with the Insurers, upon presentation of expert reports and commercial invoices, until compensation is obtained from the Insurer.

3. Editorial rights and follow-up of contracts law

• Drafting and keeping track of contracts and contractual documents related to the activity of the Entities, and to negotiate the terms and legal modalities, including but not limited to:
• Key contracts of container transport,
• Service contracts, including IT and security,
• Drafting of real estate contracts: commercial leases, and lease contracts for residential use of CMA CGM expatriates.
• Assist or provide legal advice and opinions in all major negotiations and transactions that may impact all Entities of the Cluster,
• Manage any litigation that may occur from the contracts,
• Drafting and validation of legal documents,
• Beyond materiality threshold defined by the Group Legal Department, the Procurement Department will need to step in for validation.

4. Corporate law, notarial deeds and registrations

• Follow-up and management of the legal affairs of the Cluster Subsidiaries: statutory modifications, opening and closing of subsidiaries, formalities, etc.; questions related to Company law applicable in the region,
• Legal support for all corporate law issues: intra-group agreements, regulated agreements, delegation of powers, etc.
• Establishment of corporate governance processes, in compliance with Group procedures,
• Receipt of the minutes of the Board of Directors,
• Reception and follow-up of all decisions taken by the Boards of Directors of the Cluster Subsidiaries,
• Follow-up, management and/or supervision of the realization of all administrative formalities related to the decisions taken by the corporate bodies of the Cluster Subsidiaries, liaise with the Notaries for legal registrations according to the procedures in force in the region,
• Complete the Group Legal Department Corporate database relating to the follow-up and management of the Cluster Subsidiaries and report consequently to the Headquarter.

5. Support on collection including D&D, containers shell

• Debt recovery and follow-up of claims of various kinds (Issuing reminders towards outstanding receivables) in collaboration with the collection department and third-party collectors
• Management of the pre-litigation phase with the drafting of claim letters and formal notices
• Drafting of amicable settlement agreements and follow-up of payment deadlines. Transmission of files to the Bailiffs for the drafting and service of payment orders,
• To provide addresses and contacts of clients for notifications of proceedings and enforcement of court decisions (warrant of attachment, preventive seizure assignment of receivables).

Skills and Qualification:

1. LLB Degree and professional in-country certification. Master’s degree is an added advantage.
2. Admission to the bar.
3. At least 5 years’ proven post admission experience.
4. Proven prior experience working in a corporate legal department/ busy law firm handling commercial law is desirable.
5. Ability to work under pressure and to multi-task in a rapidly changing environment and perform under pressure
6. High commitment on integrity with the internal fortitude and genuine interest to uphold and enforce CMA CGM standards for the highest ethical conduct amidst all the business pressure.
7. Good communication skills and proven ability to build strong and effective relationships with clients and internal business partners.
8. Strong social skills and ability to communicate with senior executives and cross-functional set of colleagues clearly and effectively.
9. Prior exposure to supporting business operations within East Africa an added advantage.
10. Inherent leadership skills and ability to build effective Legal & Compliance function with limited resources.
11. Pragmatic, solution-driven approach
12. Knowledge of shipping industry.

Please ensure you are familiar with the CMA CGM Corporate Internal Mobility guidelines.