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The Tenth Cadwallader Lecture -
Lawmaking and Implementation in International Shipping: Which Law do we obey? - 01 October 2008
The Centre is delighted to announce that this prominent Lecture will take place on Wednesday 1st October at the IMO's Headquarters.
Further details will follow shortly.
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Professional Indemnity Insurance in the Maritime Industry - 18 June 2008
Issues:
Insurance Cover:
• Who needs it and who is covered?
• For what risks?
• English court decisions
• Possible contractual pitfalls
•What are the reasonable expectations an insured can have of his liability insurer?
• Ship management: too much maintenance to do and too little income to do it with; how can the gap be bridged?
• Solutions and market position
• the move to transfer responsibility to the intermediary for the failure of the commercial bargain between the parties for whom the intermediaries were acting.
• the changing face of litigation against intermediaries both in respect of claims brought under the traditional heading of breach of duty and in respect of claims which might arise under the increasing regulatory regimes
Chair: David Martin-Clark – Stone Chambers/LSLC
Panellists:
Nigel Cooper – Quadrant Chambers
Presentation - Fine dining or just another meal ticket - pursuit of the intermediary
Andrew Jamieson – ITIC
Presentation - Service not included - the role and limits of insurance.
David Blackburn – Miller Insurance Ltd.
Presentation – Intermediaries - The Meat in the Sandwich
Wednesday 18th June 2008, 5.30pm for 6.00pm
Venue: Quadrant Chambers, 10 Fleet Street, London, EC4
This event is accredited for 2 CPD points by the Law Society and the Bar Standards Board
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Shipping loans and mortgages: enforcement issues - 28 May 2008
Introduction:
• Origins - the laws of Oleron
• Growth of the modern ship mortgage regime
• Intertwined security interests
• Ship mortgage recognition
• Ability to remove or reduce country risk issue
• Is the lender completely secured against owner insolvency?
Issues:
• Variation of liens in different jurisdictions;
• Rights of cargo owners when a ship is arrested;
• The banker’s perspective
• Is there a choice for the arresting mortgagee and how and why does it exercise that choice?
Chair: Struan Robertson – Clarksons
Panellists:
Andy Longhurst – Lloyds TSB Bank
Duncan Mc Donald – Stephenson Harwood
Graeme Bowtle – Consultant, Steele Raymond LLP
Venue: Stephenson Harwood, One St Paul’s Churchyard, London, EC4
The event is accredited for 2 CPD points
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The LSLC Maritime Industry Course - 01 May 2008
LSLC’s new initiative
In-keeping with the Centre’s mission to provide continuing and high quality education to the various sectors of the shipping industry, the course has been tailor-made to suit the needs of both legally and non-legally qualified professionals wishing to gain a comprehensive understanding of the legal, commercial and technical aspects of the shipping business.
Comprising an initial Foundation course and two advanced courses, it is modular in construction, spread over three weeks of full-time attendance spaced over an eight month period to suit the needs of working professionals.
The thrust of the course lies in the practical workshops and stimulating interactive lectures with the support of audio-visual aids. The course has been especially written and developed for delegates wishing to acquire knowledge of shipping law, its use and applicability to their day to day undertakings.
For further information about the Course, please click link and The LSLC Maritime Industry Course Flyer
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“Draft Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea” - 30 April 2008
Introduction
The final text of a new prospective Convention on the carriage of goods has been recently agreed in Vienna. It will be discussed, and almost certainly adopted, by the UNCITRAL Commission at its meeting in New York in June 2008. After that it will be adopted by the General Assembly of the UN and be open for signature in 2009.
It raises immediate topical questions, both political and legal. Will it be ratified by the US, who have been pressing for a new sea carriage convention and have obtained
concessions? Would the rest of the world follow? Would the replacement of the Hague Visby Rules and the Hamburg Rules ( together with national Bill of Lading statutes) by a totally new and untried text be a step forwards or backwards?
Issues to be discussed include:
• “Door-to door” coverage. Interplay with CMR, COTIF, Warsaw and national statutes. Application to “roll-on, roll-off” and non “mode-specific” transport.
• The increase in carriers’ liabilities
• “Volume contracts”; their effect legally and commercially
• Transport documents; new terminology; new categories; delivery without surrender of bills of lading.
Chairman:
Anthony Diamond QC – Essex Court Chambers
Panellists:
Kaare Christoffersen - A.P. Moller-Maersk A/S
Dr Beate Czerwenka - Federal Ministry of Justice (Berlin)
Prof. Francis Reynolds Q.C. (Hon.) – Univ. of Oxford / 7 King’s Bench Walk
Chris Welsh – European Shippers’ Council / Freight Transport Association
Wednesday 30th April 2008, 5.30 for 6.00pm
Venue: Barlow Lyde & Gilbert, Beaufort House, St Botolph Street, London, EC3
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Corporate Manslaughter and Personal Injury in the Maritime Context - 12 March 2008
The Corporate Manslaughter and Corporate Homicide Act 2007 comes into force on 6th April 2008 and will apply to all body corporates.
A conviction under the Act as a result of gross negligence of senior management can lead to unlimited fines, publicity and remedial orders. The Act applies to UK flag Vessels and all Vessels in UK waters.
This seminar examines the scope of the Act, the threshold for a conviction, the effect of such proceedings upon insurance and limitation and personal injury claims.
It also contrasts these issues with the US experience to put the Act into context.
Chairman: The Right. Hon. Sir Anthony Clarke MR
Panellists:
Nicholas Purnell QC – Cloth Fair Chambers
Maria Pittordis - Hill Dickinson
Rhys Clift – Hill Dickinson
Christopher Brown – Thomas Miller
John Keller,III - Keller Bolz
Wednesday 12th March 2008, 5.30 for 6.00pm
Venue: Hill Dickinson, Irongate House, Duke’s Place, London
This event is accredited for 2CPD points.
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Recent lectures given by the LSLC Director - 05 March 2008
Recent lectures given by the Director on topical issues:
1. To LSLC members: Law on late redelivery revisited, click link. The author awaits with interest the decision of the current appeal to the House of Lords in the case of The Achilleas.
2. To the LLM Maritime Law Students of the University of Southampton: Employment and Indemnity under Time Charter Parties, click link. |
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Kompetenz-Kompetenz in Arbitration - 27 February 2008
Introduction:
Questions of arbitral jurisdiction occur frequently in practice. Parties involved in international trade and their lawyers are often embroiled in jurisdictional disputes which increase the legal costs of the parties involved, cause delay, and can affect enforcement of an award. A frequent and important issue is when jurisdiction is to be decided and by whom. The doctrine of Kompetenz-Kompetenz has been adopted in the Arbitration Act 1996 and has revolutionised how jurisdictional issues are to be determined. Certainty in this area is elusive because there are different approaches to the doctrine by the national laws of different states. If a legal system allows the arbitration to proceed in the face of a jurisdictional challenge - when, for example, the validity or scope of the arbitration agreement is questioned - the story could unfold in several ways.
In this seminar, our panellists will examine how Kompetenz-Kompetenz is treated in different jurisdictions.
Issues:
• How is the doctrine of Kompetenz – Kompetenz understood and applied in different jurisdictions?
• Interaction of the separability doctrine with Kompetenz-Kompetenz
• Anti-suit injunctions and the doctrine of Kompetenz - Kompetenz
• What are the powers of the arbitral tribunal and the court?
Chair: The Rt. Hon. Lord Mustill
Panellists:
Steven Gee QC – Stone Chambers
Sarah Francois-Ponchet – Salans (Paris)
Steve Finizio – WilmerHale
Dr Sebastian Besson - Python & Peter (Geneva)
Wednesday 27th February 2008, 5.30pm for 6.00pm
Venue: Clyde & Co., 51 Eastcheap, London, EC3
This event is accredited for 2 CPD points |
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THE SECOND EDITION OF MODERN MARITIME LAW AND RISK MANAGEMENT - 19 January 2008
The second edition of Modern Maritime Law and Risk Management written by Dr Aleka Mandaraka-Sheppard has just been published by Routledge.Cavendish. Renowned for its first edition, the book has been extensively revised to bring it into line with new trends and perspectives.
For further details re content and availability see –
The Second Edition of Modern Maritime Law and Risk Management
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What makes a good arbitration? Wednesday 16th January 2008 - 16 January 2008
Introduction
Given London’s prominent position in Arbitration and the gradual rise of other arbitration centres, it is within LSLC’s remit to seek the exchange of views between the users of arbitration and arbitrators themselves for the purpose of (a) furthering the knowledge of all participants and (b) ensuring that learning from such meetings will maintain the high standards of London Arbitration.
Issues for discussion:
• The pros and cons of arbitrating under the auspices and rules of institutions such as the ICC, LCIA or LMAA
• The standards to be applied during Interlocutories, the hearings and to writing awards
• Are there different standards in Small Claims Procedure cases?
• Benchmarking the basic qualities of a good Arbitrator
• Feedback on the performance of arbitrators and Arbitrator selection
• The level of costs and arbitrators’ fees
Chair: Kenneth Rokison QC - 20 Essex Street
Panellists:
Michael Baker – Harber - London Maritime Arbitrators Association
Nicola Cox - West of England Insurances Services
John Merrett - ICC Court of International Arbitration
Adrian Winstanley – London Court of Int. Arbitration
Wednesday 16th January 2008, 5.30 for 6.00pm
Venue: Lawrence Graham,
4 More London Riverside,
London, SE1
This event is accredited for 2 CPD points
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Brokers under pressure? Insurance Law and Insurance Brokers 5th December 2007 - 05 December 2007
Introduction
Insurance brokers are a vital feature of every insurance transaction. It is this unique position which has potentially exposed brokers to extended obligations and anomalies under the law. The broker’s position has become more uncertain and complex following proposals of the Law Commission and the activities of the FSA and the European Commission. This event will consider some aspects of the environment in which brokers operate.
Issues to be discussed:
• Are the courts extending common law duties of care?
• Disclosure and section 19 of Marine Insurance Act 1906
• The regulatory environment
Panellists:
Ben Ogden – Ince & Co
Peter MacDonald Eggers – 7 King’s Bench Walk
Michele Pullan – Head of Legal, Marsh
Chairman: The Right. Hon. Lord Mance
Wednesday 5th December 2007, 5.30 for 6.00pm
Venue: Ince & Co., International House, 1 St. Katherine’s Way, London, E1
The event is accredited for 2 CPD points
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Shipping Tomorrow - Thursday 29th November 2007 - 29 November 2007
The Centre, in conjunction with the British Chamber of Commerce in Germany and Ince & Co., presents Shipping Tomorrow, a very informative three panel event dealing with topical aspects of insurance, ship finance and the growth of the mega-containership market with its attendant economic and practical ramifications.
Ship Finance
• An analysis of the strengths of the German ship finance industry compared to the UK
•Public/private equity - a transatlantic perspective
Insurance
• Considering the immense values of hull and cargo at risk nowadays, what is the forecast of insurance capacity?
• Examples of losses that might exceed insurance capacity
• How does that affect premiums and worldwide markets?
• What are the current trends, or what the future might be, in the choice of markets by assureds?
• What underwriters are looking for and how they choose their assured?
• What precautions are they taking in the management of their own risks?
• Do they impose the condition of risk management upon their potential or current assureds to prevent catastrophic losses?
• If yes, how do they do that? What clauses do they normally negotiate with assureds to be included in the contract?
Mega-containerships
From the point of view of the container liner operator:
• Do the savings in the long haul hub-to-hub route outweigh the additional costs to be incurred in more extensive feeder operations?
• How will shippers react to the diminution in direct port calls?
From the point of view of the terminal operator:
• Is it possible physically to accommodate these big ships?
• What investment in dredging and craneage will be needed?
• What guarantee is available from the customer lines that, if these investments are made, they will continue to use the port?
A naval architect’s perspective will also be included.
The event provides an excellent opportunity to obtain expert knowledge from our panel of professionals. For further details, click on the link:
Click here
To book a place, please use the Booking Form in the linked document or contact the Centre at: shipping@ucl.ac.uk
This event is accredited for 3 CPD points
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Time Charters – Hot Topics - Wednesday 21st November 2007 - 21 November 2007
Issues arising from The ‘Achilleas’, The ‘Flintermar’, and The ‘Aconcagua’ (CSAV –v- Hamburg)
• Is it commercially reasonable that if time-charterers redeliver late, owners are able to recover for the loss of a following fixture?
• Is The ‘Achilleas’ bad law? Did the law take a wrong turning in holding that, if a legitimate last voyage overruns, charterers are in breach of contract and liable for damages limited only by ‘remoteness’?
• Is there any single formula which will allocate responsibility for all claims arising from port operations?
• How should the law tell what are owners’ functions and what are charterers’ functions?
• Does the ‘rule’ that clause 8 of the NYPE allocates responsibility to charterers, unless the vessel ‘officiously intervenes’ or there are matters known only to the vessel, fit the practical realities of loading and stowing cargo?
•Is this ‘rule’ good law? Is owners’ duty to make the vessel seaworthy only ‘non-delegable’ or actually non-delegable?
Panellists:
Simon Kverndal QC – Quadrant Chambers
Dr. Aleka Sheppard – London Shipping Law Centre, ORA-MRM
Jeremy Russell QC – Quadrant Chambers
Robert Gay – Hill Dickinson LLP
Chairman: Timothy Young QC – 20 Essex Street
Wednesday 21st November 2007, 5.30 for 6.00pm
Venue: A. Bilbrough & Co. Ltd., 50 Leman Street, London, E1
The event is accredited for 2 CPD points
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The Sea Angel - 31 October 2007
Wednesday 31st October 2007
Introduction
On 27 July 2003, the tanker “TASMAN SPIRIT” grounded near the approaches to the port of Karachi giving rise to a major pollution incident. During the salvage operation that followed, Tsavliris chartered in the “SEA ANGEL” for a period of “up to 20 days” to assist in the transhipment of oil off the casualty. Unfortunately, once the transhipment operation had been completed, the Karachi Port Trust refused to permit the “SEA ANGEL” (and others) to leave port. The “SEA ANGEL” was detained at Karachi until 26 December 2003 and was only finally redelivered by Tsavliris on 1 January 2004.
A dispute arose between Tsavliris and the owners of the “SEA ANGEL” as to unpaid hire, and the critical question became: “had the time charter been frustrated?” Both the Commercial Court and the Court of Appeal held that it had not – a decision of importance in the law of frustration as whole, and in particular to those operating in the salvage arena.
Issues to be discussed include:
• What the Courts decided in the “SEA ANGEL” case
• The case’s importance to the doctrine of frustration
• Food for thought – some loose ends?
• The “SEA ANGEL” and the implications for insurers in commercial disputes
• The impact of the case on detention in the salvage industry
Chairman:
The Rt. Hon. Lord Justice Rix
Panellists:
Elizabeth Blackburn QC – Stone Chambers
John Reeder QC - Stone Chambers
Eamon Moloney – Eversheds
Mark Jones – Stone Chambers
Wednesday 31st October 2007, 5.30 for 6.00pm
Venue: Eversheds, Senator House, 85 Queen Victoria Street, London, EC4
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The Nairobi Wreck Removal Convention - 03 October 2007
Introduction
The Convention, which was finalised at a diplomatic conference in Nairobi in May this year, will extend the authority of participating States to call for the removal of a wreck, or any wreckage from a ship, to the EEZ of that State whenever there is a danger or impediment to navigation or a threat that may reasonably be expected to result in a major harmful consequences to the marine environment or related interests of those States. It also gives participating States, without prejudice to their existing laws, the option to extend its provisions, which include the maintenance of compulsory insurance and a right of direct action against the insurer, to its own territorial waters. It will enter into force 12 months after the ratification of 10 States.
Issues to be discussed include:
• Is the Convention likely to be ratified. If so, are many States likely to extend its provisions to their territorial waters.
• What, if any, problems are foreseen.
• Is the UK likely to ratify and adopt it to its territorial waters. How will that effect existing laws. Is SOSREP likely to be involved.
• What are the views of ship owners, P&I insurers and salvors.
Panellists:
Richard Shaw – Univ. of Southampton, Institute of Maritime Law
David Bolomini – Department for Transport
Kiran Khosla - International Chamber of Shipping
David Baker – International Group of P & I Clubs
Chairman:
Archie Bishop – Holman Fenwick & Willan/Int. Salvage Union
Wednesday 3rd October 2007, 5.30 for 6.00pm
Venue: Holman Fenwick & Willan, Marlow House, Lloyds Avenue, London, EC3
This event is accredited for 2 CPD points
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