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

 

 COURSE TIMETABLE

Day Seven - 22 May 2012, Tuesday
9.30 am
Session 35
Wreck Liabilities

Public administration of wrecks, private law liabilities, liabilities for wreck removal. The 2007 Nairobi Wreck Removal Convention. Standard contracts used for wreck removal WRECKCON and WRECKHIRE.
Professor Mikis Tsimplis
10.30 am
Coffee
 
10.45 am
Session 36
Formation of Insurance Contracts
Methods of placing marine insurance in the London market, and the role of brokers and underwriters. New procedures in LMP2001.

Professor Robert Merkin
11.45 am
Break
 
12.00 pm
Session 37
Terms of Insurance Contracts

The nature and content of marine warranties; express and implied warranties; remedies for breach
Professor Robert Merkin
1.00 pm
Lunch  
2.00 pm
Session 38
The Duty of Utmost Good Faith
The pre-contractual duty to disclose and not to misrepresent all material circumstances. Remedies for breach.
Professor Robert Merkin
3.00 pm
Break  
3.15 pm
Session 39
Liability Case Study – Break out sessions
Professor Robert Merkin
4.15 pm
Break  
4.30 pm
Session 40
Liability Case Study – Plenary session
Professor Robert Merkin
     
Day Eight - 23 May 2012, Wednesday
9.30 am
Session 41
Liability for Oil Pollution

Liability for oil pollution from tankers. The CLC 1969/1992 and the IOPC Funds Conventions 1971/1992; interaction of the Fund and P & I Clubs in oil claims. Liability for oil pollution from other ships the Bunker Pollution Convention 2001.
Professor Mikis Tsimplis
10.30 am
Coffee
 
10.45 am
Session 42
Passenger Liability
Liabilities and limitation under the Athens Conventions 1974. The reforms under the Athens Convention 2002.
Professor Mikis Tsimplis
11.45 am
Break
 
12.00 pm
Session 43
Limitation: Introduction to Limitation of Liability
Systems of limitation. The 1976 Limitation Convention and its 1996 Protocol. Limits of liability for loss of life and personal injury. Limits of liability for property damage. Claims are subject to limited liability. Claims not subject to limitation. When and how is the right to limit liability lost?
Professor Mikis Tsimplis
1.00 pm
Lunch  
1.30 pm
Maritime Arbitrations in Asia
Dato’ Jude P. Benny
Managing Partner, Joseph Tan Jude Benny LLP

2.00 pm
Session 44
Hull Insurance

Insured Perils. The risks covered under Hull and Machinery Policies including collision liability; Sue and Labour, Salvage and General Average.
Professor Robert Merkin
3.00 pm
Break  
3.15 pm
Session 45
Losses

Partial and total losses, abandonment and subrogation
Professor Robert Merkin
4.15 pm
Break  
4.30 pm
Session 46
Cargo Insurance
Professor Robert Merkin
  Session 46
Insurance Case Study: Plenary Session
Professor Robert Merkin

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

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