The HIGHLIGHTS

1. Nature of Claims: Avoiding Problems

• Know Your Contact,
• Offshore entities,
• Forms of contract and correspondence

2. Proforma contracts and jurisdiction clauses:

• In what jurisdiction will most of the activities under the contract take place?
• Which party is more likely to bring a claim or be in breach under the contract (i.e., does one party have the greater obligations, such as to manufacture and deliver a product and the other party only have to pay?)
• Are the parties involved from “common law” (i.e., Enlgish law derived legal system) or “civil law” (i.e., European continental derived legal system) jurisdictions?
• Is one party a governmental entity that is required to apply the law of its jurisdiction?
• Is one party from a jurisdiction with a more established and accountable judicial system?
• Will it be necessary to have legal counsel from the foreign jurisdiction review the agreement?
• What are the costs involved in hiring legal counsel and litigating in the relevant jurisdictions?

3. Managing cargo claims:

• Contracts of carriage,
• The Hague/Hague-Visby Rules,
• Responding to the claim,
• Collection of evidence,
• Early settlement

4. Key elements in cargo claims:

• Bills of lading, mates receipts, other essential papers,
• Identifying the carrier and who has title to sue,
• Time bar,
• Suing in contract and tort

5. Preparation of claims:

• Damages in contract and tort,
• Proving mitigation and reasonableness,
• Determining quantum,
• Evidential considerations

6. Letter of indemnity

7. Time charter party claims:

• Hire issues,
• Supply of bunkers and liability for damage to the ship,
• Indemnities in respect of cargo claims

8. Introduction to pollution disputes

9. Court v arbitration v mediation: are they alternatives?:

• Cost – benefit – analysis,
• Advantages and disadvantages,
• Required in certain circumstances,
• Binding or not-binding

10. Security, arrest and enforcement:

• Obtaining security/ counter security,
• Vessel arrest,
• Arrest of dollars in New York,
• Freezing orders,
• Time bar,
• Jurisdictional choice,
• Wrongful arrest

11. Enforcement of arbitral awards

12. Ship Brokers’ Duties, Obligations and potential liabilities

13. Procedures in getting payment from underwriters:

• Collating the facts to determine the cause of loss,
• Establishing the cause of loss is an insured peril,
• Verifying the non-existence of any claims defences under the policy

14. Introduction to Subrogation and Abandonment:

• Recourse against third parties,
• The principle of subrogation,
• The right of abandonment,
• Conduct of proceedings

15. Marine insurance: claims handling and arbitration

16. Freight Forwarding and shipping agencies - Duties, Obligations & Liabilities

• Principles of agency,
• Authorities of the agent, duty of care & skill,
• Who is personally liable?
• Transportation documentation: rights and liabilities

17. London Maritime Arbitrators’ Association – Presentation & Peculiarities

18. German Maritime Arbitrators’ Association: Mock arbitration

Preliminary speakers

1. Clyde & Co/ Amir Sussman
2. LMAA/Clive Aston
3. LMAA/Simon Gault
4. GMAA/ Dieter Griebel
5. Segelken & Suchopar/ Thomas Wanckel
6. Thomas Cooper/ George Lambroe
7. Swinnerton Moore Solicitors/ Tony Swinnerton
8. BB & Partners/ Alberto Batini
9. AACNI/ Felipe Arizon
10. Sacaklioglu Law offices/ Celal Sacaclioglou
11. Reed Smith Richards Butler/ Mark T. O'Neil
12. International law offices/ Arthur Nitsevych
13. Remedy Law firm/ Andrey Suprunenko