Disputes on Charter Parties
A practical course dealing with law and practice relating to charter parties
English Maritime Law and its Importance in Charter Party Disputes
A half-day introduction to English Maritime Law will be given by the Course Moderator 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 chartering disputes are resolved — namely in the English Courts. The three main subjects 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.
Voyage, Time & Bareboat Charters + Contracts of Affreightment
Bills of Lading under Voyage and Timecharter
The session will begin with a look at some general issues, including:
- How can a charter party and a bill of lading sit side-by-side as the contract of carriage?
- Who is the carrier under the bill of lading?
- How can the charter party, or parts of it, be incorporated into the bill?
- Which charter party and what clauses have been incorporated?
Also reviewed will be those areas in which bills of lading and charter parties come into conflict and other areas where the two documents relate more successfully.
Liens in Charter Parties/Bills of Lading
Choosing the Right Charter Party
Timecharter Performance Claims and Off-hire Consequences
The Defaulting Timecharterer — Late and Non-Payment of Hire
Illegitimacy — Consequences for Owners and Charterers
Safe Ports and Safe Berths
Given the potential financial consequences of a vessel going into an “unsafe” area, it is most important for the parties to a contract to know on whom the responsibility for safety falls. This session will review the following main points relating to safety issues:
- when is there a warranty as to safety
- when do the charterer’s obligations regarding safety arise
- what is the definition of safety
- physical versus political safety
- duration of the obligation to safety
- owner’s rights and remedies in the case of an order to an unsafe port
Practical Laytime and Demurrage
Solving Charter Party Disputes
Problems of the Master
All too often we look at charter party disputes from the point of view of those who negotiate them. In the real world it is usually the Ship's Master who has to make the Charter Party work and it is beneficial for those based on shore to have the 'view of the sea' explained to them.
Each day will include time during which issues specific to individual participants will be addressed. The purpose is to serve as a form of tutorial, complementing the topics which are covered in a more formal way through the main lecture sessions.
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)
- Jeffrey Blum FCIArb, Maritime Commercial Claims Consultant & Director, Interlink International Trading (UK) Ltd
- Michael Bundock, Barrister and Associate, Shipping Litigation Department, Stephenson Harwood
- Joanne Champkins, Professional Support Lawyer, Stephenson Harwood
- Rebecca Crookenden, Associate, Stephenson Harwood
- Marcus Dodds, Partner, Master Mariner, Reed Smith
- John M Doviak, Director, Cambridge Academy of Transport
- Graham Harris, Partner, Squire Patton Boggs (UK) LLP
- David Morriss, Partner, Holman Fenwick Willan LLP
- Emma Nowell, Senior Associate, Stephenson Harwood
17-19 June 2019
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.