Bills of Lading & Related Cargo Claims
English Maritime Law and its Importance in Bill of Lading Disputes
A half-day introduction to English Maritime Law will be given by the Course Chairman David Martin-Clark, Barrister, Arbitrator, Mediator and Shipping Consultant. It is designed for those who do not have an English law background but nevertheless need to understand the legal context in which many bill of lading disputes are resolved — namely in the English Courts. The three main subjects covered addressed are: 1) The Origins and Sources of English law — the concept of Precedence; 2) Basic Principles of the Law of Contract; and 3) Basis Principles of the Law of Tort, with particular emphasis on the tort of negligence.
Functions and Problems of the Bill of Lading
The Hague, Hague-Visby Rules and the Hamburg Rules
The core subject in understanding the legal position of a bill of lading in various jurisdictions. This session will give a resumé of the above Rules, illustrating when and where they differ, and highlighting: their legal effect; who is the carrier; obligations, responsibilities, rights and immunities of the carrier; limitation of liability; and time limits.
Package Limitation: Title to Sue
Incorporation of Charter Party Terms into Bills of Lading
Risk Allocation amongst Owner, Charterer and Cargo
Special Problems in the Tanker Trades
Dry Cargo Claims Analysed
Electronic Bills of Lading
Bills of Lading Frauds
All of the speakers have practical experience in dealing with either charter party negotiation, bills of lading disputes or arbitration and dispute resolutiongenerally. The following form the core of the Faculty who have lectured on this course in recent years.
David Martin-Clark, Consultant, Arbitrator and Mediator, previously Chairman and Chief Executive of Miller Holding Company and Chairman and Director of its subsidiaries in the UK, Hong Kong, Singapore, Australia and the US. The Thomas Miller Group is best known for its management of mutual insurance associations in the shipping and transport industry, such as the UK Pand I Club, the UK Defence Club and the TT (Through Transport) Club. David also founded and is the Editor of DMC's CaseNotes web site, a valuable reference source of recent law cases with significant relevance to maritime law. (www.onlinedmc.co.uk)
- Francesco Bastianello, Project Manager, Electronic Shipping Solutions, London
- Marina Comninos, General Counsel & Head of Solution Delivery, Electronic Shipping Solutions, London
- Dr John M Doviak, Director, Cambridge Academy of Transport
- Reg Fowler, Legal Counsel, Shell International Trading & Shipping Co Ltd
- Graham Harris, Partner, Squire Patton Boggs (UK) LLP
- Philippa Langton, Senior Claims Executive, Thomas Miller P&I Ltd, UK
- Trevor Law, Former Vice President, DVB Bank, UK
- Cyrus Mody, Assistant Director, ICC International Maritime Bureau
- Capt P K Mukundan, Director, ICC International Maritime Bureau
- David Richards, Partner, Ince & Co
Dates to be announced
Hotel Novotel, London Paddington
The cost of the three days is £2100 per person, fully inclusive of UK Value Added Tax, tuition, refreshments, and lunch each day. Accommodation is NOT included but is available at the venue hotel at a discounted rate to our delegates.
Programme and Booking Form
To download a Programme, Click Here
For a Booking Form, click here.