KEY TOPICS

Charterparties
Incorporation of the Hague-Visby Rules; fixing charterparties; fixtures 'sub details'; safe ports; dangerous goods; seaworthiness; classification; delivery and redelivery; hire; freight, laytime and demurrage; liens.

Shipping Documents In International Trade
The tender of shipping documents under cif and fob contracts; to banks under letters of credit; endorsing the bill of lading to on-buyers; the UCP 600; Incoterms® 2010 .

Cargo Claims
Bill of lading and other shipping documents; the Inter-Club NYPE Agreement 2011; the terms of the carriage contract; common bill of lading clauses; charterparty bills of lading; title to sue; identity of the carrier; Hague and Hague- Visby Rules; the bill as a receipt; clausing of bills; the Rotterdam Rules.

The Vessel and Liabilities: Collision and Marine Casualties
Principles of liability; passenger claims under the Athens Convention 1974/2002; limitation of liability under the 1976 Limitation Convention and the 1996 Protocol.

Salvage, Towage and Wreck
1989 Salvage Convention; the Lloyd’s Standard Form of Salvage Agreement; environmental claims and expenses; “ SCOPIC’ clause; towage liabilities; standard towing conditions; wreck liabilities, wreck removal and the Wreck Removal Convention 2007.

Pollution Claims
Pollution liabilities; International Conventions (CLC and Fund Convention 1992), Supplementary Protocol 2003; Systems of limitation; pollution and clean- up practice; the Bunker Pollution Convention 2001. the HNS Convention.

Marine Insurance
Placing marine insurance; warranties; utmost good faith; fraudulent claims; cargo insurance; hull insurance; insurance of shipowners' liabilities by P&l Clubs; claims.

Enforcing Maritime Claims
The law applicable to maritime claims; obtaining security; arrest and freezing orders; maritime liens; jurisdiction on the merits; choice of jurisdiction; the EC Regulation 44/2001 on Jurisdiction; anti-suit injunctions.

The Institute of Maritime Law reserves the right to alter the course programme and speakers as may become necessary

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 COURSE TIMETABLE

Day Three - 20 May 2015, Wednesday
9.30 am
Session 12
Charterparties Case Study – Break Out Session


 
10.30 am
Coffee
 
10.45 am
Session 13
Charterparties Case Study – Plenary Session

 
11.45 am
Break
 
12.00 pm
Session 14
Shipping Documents: Their Uses and Quirks

Ocean bills, order bills, sea waybills, through bills, combined transport bills, ship’s delivery orders, traders’ delivery orders, dock warrants, mate’s receipts, electronic bills of lading.
 
1.00 pm
Lunch  
2.00 pm
Session 15
CIF and FOB Sales and their Container Cousins

Shipment and arrival contracts: “delivery” and risk in each. The role of shipping documents in shipment contracts; the transfer of risk in shipment sale contracts; the dual duty of the seller to deliver goods and documents.
 
3.00 pm
Break  
3.15 pm
Session 16
Letters of Credit: Their Structure and Shipping Documents under the new UCP 600

The basic structure of a letter of credit and its connection with the Sale Contract; the documents articles in the UCP 600.
 
4.15 pm
Break  
4.30 pm
Session 17
Identifying the Terms of the Contract of Carriage

When is the contract of carriage concluded and where are its terms? The relationship between the bill of lading or waybills, booking notes and oral agreements. Terms applicable before loading and after discharge.
When is the bill of lading the contract and when the charterparty? Is the charterer holding a bill of lading a party to the bill of lading or to the charterparty? The effect of the incorporation of charterparty terms into bills of lading.
 
Day Four - 21 May 2015, Thursday
9.30 am
Session 18
Who can claim the goods and bring a COGSA ’92 cargo claim?

Rights under ‘order’ bills, straight bills and delivery orders under COGSA ’92. The presentation rule and the risks of mis-delivery.
 
10.30 am
Coffee
 
10.45 am
Session 19
Transferring the Right to Claim down a string

The mechanics of endorsement: bearer bills, order bills, endorsement in full and in black.
“Transferable” delivery orders. The precarious nature of the consignee; position in seaway bills and straight bills. What is a document of title? Banks and their security interest.
 
11.45 am
Break
 
12.00 pm
Session 20
Which Carrier do I sue? Which Carrier can I sue?

Practical considerations for getting the “right” carrier. Owners’ Bills and Charterers’ Bills. The impact of the UCP 600 on carriage questions.
 
1.00 pm
Lunch  
2.00 pm
Session 21
Suing the Carrier ofor loss or damage utside COGSA 1992

The need after COGSA ‘ 92 for common law routes against the carrier: The contract implied by Brandt v. Liverpool actions in tort; actions in bailment.
 
3.00 pm
Break  
3.15 pm
Session 22
The Carrier Suing Cargo-interests

The liability of shippers, intermediate endorsees,receivers and banks for freight and for dangerous goods after transfer of the bill of lading.
 
4.15 pm
Break  
4.30 pm
Session 23
The shipment of goods and their Description in the Bill of Lading

The bill of lading as a record of what was shipped. Qualifying quantity and condition “said to” clauses and unclean bills. The interest of shippers, receivers, carriers and banks.
 

Day 1 & 2 , Day 3 & 4 , Day 5 & 6 , Day 7 & 8 , Day 9 & 10