Maritime Law & Shipping Contracts
Project Management, Contracts Management & Law
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