Introduction

The study and understanding of Maritime Law and Shipping Contracts is essential for those who work in the Shipping field.  The knowledge and the contractual and international regulatory framework which underpins the Shipping Industry is paramount in dealing with issues that may arise on a daily basis in the shipping and maritime industry.

This Maritime Law & Shipping Contracts training course will provide participants with a detailed understanding of the various aspects of Maritime Law, Charter Parties, Carriage of goods by sea  and International law relating to the Law of the Sea. Also covered will be the issues that relate to Laytime and Demurrage and to minimize demurrage claims. The course will provide you with the essential skill sets to maneuver your way around the areas of the maritime claims and rights of the respective parties involved in the Shipping trade.

Objectives:

By the end of this Maritime Law & Shipping Contracts training course, you will be able to:

Gain understanding of the fundamental basis of Maritime Law

Gain full knowledge of the main Shipping Contracts, Treaties and International Convention affecting the Maritime Industry

Know the full responsibilities and rights of the various parties involved in the shipping trade

Learn to better manage the risks and liabilities involved in maritime transactions

Know the best use of alternative dispute resolution processes to resolve claims disputes to save costs and time.

Course Outline

Day 1

Introduction to Maritime Law

Maritime law and the legal framework

International law and Conventions relating to the Law of the Sea

IMO maritime conventions

The United Nations Convention on Contracts for the International Sale of Goods (CISG) (Vienna, 1980) Contract law:

The basics contract law (English law) elements of a legally binding contract

Ship building and repair contracts

Ship sale and purchase contracts

The Flag State -Ownership and Registration of Vessels

Security, arrest and freezing orders

Day 2

Basic Elements of Carriage of Goods by Sea, Bills of Lading & Charter Parties

The legal basis of the law governing carriage of goods by sea

Different Types of Charterparties - including their function, key legal features, ramifications, the operation of contractual freedom

The legal aspects of Bills of lading, including their function and ramifications

Existing Conventions & Rules on carriage of goods by sea including the Hague Rules, Hague-Visby Rules and Hamburg and Rotterdam Rules

Review of Standardised contracts including BIMCO standard contracts

Vetting Voyage charters, time charters, bareboat charters

Day 3

Marine Insurance and International Contracts of Sale

Key principles relating to Marine insurance law and practice

Basic types of marine insurance (e.g. voyage, time, cargo, hull, etc.) and related standard contracts

Marine insurance law as it relates to the interests of the parties involved

The position of the buyer and the seller in international trade, including risks in the passing of property in goods, the involvement of banks and the documentation (e.g. letters of credit)

Marine insurance - principle of utmost good faith

Insurable interest & Proximate cause

Subrogation, Contract of indemnity & Warranties

Types of marine insurance policies and related concepts

Cargo clauses and other related concepts

Day 4

Voyage Charter Party: Lay-time & Claims for Demurrage & Despatch

Types of Lay-time

Starting lay-time & Notice of Readiness (NOR)

Lay-time Calculation

Suspending Lay-time and Stopping Lay-time

Cancellation of charter party and Lay-can

Demurrage and Despatch

Damages for Detention

Day 5

Enforcement of Maritime Claims

Vessel arrest, including applicable international instruments and sister ship arrest

The use and purpose of freezing orders (Mareva injunction)

The exercise of jurisdiction

Maritime claims and vessel arrest

Understanding how ship arrest works including Sister ship arrest

Dispute Resolution, Arbitration and Alternative Dispute Resolution (ADR) Techniques

 

Commercial Mediation

Enforcement of ADR techniques