Maritime Law and Shipping Contracts

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 Charter parties - 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 Standardized 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 & Dispatch

• 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 Dispatch
• 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