Maritime Law, Insurance and Claims

This training course provides an in-depth overview of all phases of contracting and will enable you promoting an understanding of the key principles. It is designed to equip you with the structure of maritime commercial law, damages, insurance and claims thereof is a key component of the modern professionals' skill set in a variety of contracting contexts. The training course will provide an overview of the regulatory and contractual frameworks which govern the maritime industry and is specifically designed for working professionals and will cover essential topics in maritime law and the legal and practical requirements of shipping contracts.

At the end of this training course, you will learn:

• Fundamentals of Commercial Contracts
• Types of Maritime Contracts
• International Law of the Sea as it applies to Maritime and Shipping Contracts
• Management and Negotiation Techniques and the Role of Counsel
• Key Legal Contractual Risk Management Issues
• Managing force majeure and liability clauses
• Analysis of Key Provisions in Maritime Insurance and Claims
• International Dispute Resolution in Maritime

COURSE OUTLINE

The Commercial and Legal Framework

• The Legal System & Fundamental legal principles
• Mandatory elements of a legally enforceable contract
• Contract formation
• Terms and conditions
• Contract terms
• Interpretation of contract terms
• Assessing available remedies for breach of contract
• Rescission
• Compensatory damages
• Consequential and incidental damages
• Liquidated damages
• Specific performance
• Injunctive Relief

Avoiding Risk through Contract Termination Clauses

• Common termination clauses
• Penalty provisions
• Avoiding common pitfalls

Reducing Risk through Effective Use of Force Majeure Clasues

• Understand the purpose and risks this clause is intended to mitigate
• Avoiding common Force Majeure pitfalls
• Protect yourself from abuse and misuse of this clause
• Mechanics of exercising Force Majeure rights

Essentials of Maritime Law

• Understanding legal system governing contracts
• International Private Law Rules and Conflict of Laws
• Charterparties
• Incorporation of the HagueVisby Rules; fixtures ‘sub details’; safe ports; dangerous goods; seaworthiness; class; delivery and redelivery; hire; freight, laytime and demurrage; liens
• Shipping Documents in International Trade
• The Vessel and her Liabilities: Collision and Marine Casualties
• Pollution Claims

Avoiding Common Contract Pitfalls & Negotiations

• Exclusion of liability
• Exclusion of one’s own fault
• Use of words and phrases such as notwithstanding
• Without prejudice to, subject to, and such other terms and phrases encountered in contract documents
• Representations and warranties
• Guarantees

Insurance Claims and Uncertainties

• Commonly Available Insurance Covers and Standard Clauses
• The type and application of Insurance Cover
• Uncertainties in validity of claims
• Substantiation of Claims
• Claim against whose insurance policy Charterer or Shipowner?

Dispute Resolution in Maritime Contracting

• Types of dispute resolution vehicles: negotiation, arbitration, mediation, litigation, expert determination
• Importance of the dispute resolution clause
• Framing the dispute resolution clause
• Ad hoc dispute resolution agreements

TRAINING METHODOLOGY

The training methodology combines lectures, discussions, group exercises and illustrations. Participants will gain both theoretical and practical knowledge of the topics. The emphasis is on the practical application of the topics and as a result participant will go back to the workplace with both the ability and the confidence to apply the techniques learned to their duties.