Do we have a fraud? The Autonomy of Arbitrators and Fraud unravels all - 25 June 2007

Introduction
Many shipping disputes involve an arbitration clause. This event looks at how allegations of dishonesty may affect: (1) whether a dispute goes to arbitration, (2) whether an award may be set aside and (3) whether an arbitration award is to be enforced in another jurisdiction. The panel, which is being chaired by the Rt Hon Lord Mustill, is drawn from 5 different jurisdictions: England, US, France, Germany, and Switzerland. There are 3 scenarios which will be examined from the point of view of each jurisdiction. Issues include:

(1) Alleged misrepresentation and bribery during the negotiations of a charterparty which includes an arbitration clause.

(2) Arbitration clauses and contracts allegedly obtained by fraud or dishonesty.

(3) Who determines Jurisdiction issues, court or arbitrator?

(4) Perjured evidence given in the arbitration and failure to disclose documents.

(5) Whether an award can be set aside or not confirmed because of allegations of fraud or dishonesty.

(6) Fresh evidence since award- can this make a difference and if so when?

(7) Does it matter if the allegation of fraud was itself in issue in the arbitration?

(8) Enforcement of an award under the New York Convention 1958 where there are allegations of fraud.

Chairman: The Rt. Hon. The Lord Mustill

Panellists:
Sébastien Besson (Author of International Comparative arbitration, and a partner in the Geneva office of Python & Peter)
Stephen Bond(US, formerly Secretary-General of the ICC Paris, partner White & Case)
Sarah Francois-Ponchet (France, partner in Salens Paris)
Steven Gee QC (England, Head of Chambers, Stone Chambers) and
Richard Kreindler (Germany, partner in Shearman & Sterling)
Host: Hugh Dalzell of DLA Piper LLP

Time:5.30 for 6.00pm
Venue: DLA Piper, 3 Noble Street, London, EC2

Shipping Pools - SOME ASPECTS OF COMPETITION LAW IN THE MARITIME INDUSTRY - 29 May 2007

Introduction

Competition law has shot up to the top of the agenda in the shipping sector. Apart from the phased abolition of the exemption for liner conferences, the tramp shipping sector has lost its special status and is now subject in full to European Commission powers. The Commission is issuing draft guidelines in the Autumn, but already there are signs that the Commission's interpretation of the rules will not be helpful for many standard shipping contracts, including long-term time charters. Some are suggesting that traditional pool agreements may be outlawed. The three speakers will outline the problems and risks, explore arguments that the industry can use to defend existing practices, look at alternatives and explain the value and importance of compliance in the new competition law climate.

Issues to be discussed

• INTERTANKO’s Approach to Competition Compliance
 Competition in the tanker trades and the use of pools
 What drives the ‘price’ of the various tanker trades? – ‘Price Takers’ rather than ‘Price Makers’
 Ensuring compliance with competition laws – INTERTANKO’s own compliance and our advice to members
John Fawcett-Ellis, INTERTANKO, General Counsel

• The Tramp Shipping Sector
 What chance exemption for pools?
 The pros & cons of FFJVs
 Other options
 Will the promised Commission guidelines help?
Philip Wareham, Partner, Holman Fenwick & Willan

• Practical Competition Compliance
 The risks to companies of not having a compliance programme
 Examples of cases in which competition authorities have reduced fines due to compliance programmes
 A hands-on guide to self-assessments and audits
 Competition Compliance and how to prepare and deal with Dawn Raids
 Using technology and back-office systems to get up to speed
Marjorie Holmes, Partner, Reed Smith Richards Butler LLP

Chairman: Struan Robertson - Stephenson Harwood

Tuesday 29th May 2007, 5.30 for 6.00pm
Venue: Stephenson Harwood, One St Paul’s Churchyard, London EC4M 8SH

This event is accredited for 2 CPD points

To register, please contact the Centre at: shipping@ucl.ac.uk or tel: 020 7679 1512

SPECIAL EVENT - 23 May 2007

English and Australian Maritime Law – A Past and Continuing Relationship

The London Shipping Law Centre invites members and their colleagues to attend a joint meeting of:
THE ANGLO AUSTRALASIAN LAWYERS SOCIETY
and
THE LONDON SHIPPING LAW CENTRE

Guest Speaker

THE HON JUSTICE JAMES ALLSOP
JUDGE, FEDERAL COURT OF AUSTRALIA

Wednesday 23rd May 2007 at 6:00 pm

Issues to be dealt with include:
Ø Close relationship between the two systems
Ø Comparative approaches
Ø Contemporary perspectives

The event will be chaired by Ian Hunter QC of Essex Court Chambers.

It will take place at The International Dispute Resolution Centre,
70 Fleet Street,
London
EC4Y 1EU

This event will finish promptly at 7pm and is accredited for 1 CPD point.

To register to attend, please contact the Centre at: shipping@ucl.ac.uk or tel: 020 7679 1512

Acts of Terrorism and Maritime Liability Conventions - 25 April 2007

Introduction
Terrorist acts in recent years have given rise to questions regarding the application of certain maritime conventions dealing with liability to victims and compensation for damage caused by such acts. A panel will address this issue as regards certain relevant Conventions and issues cited below:

Issues include:
 When are shipowners liable for damage resulting from acts of terrorism?
 Problems of insurance against acts of terrorism: a P&I Club perspective;
 Terrorist risks facing large cruise ships: Cruise Operators perspective;
 Treaty law problems facing States when implementing the compulsory insurance requirements in the Conventions:

Conventions include:
1992 Civil Liability Convention
1992 Fund Convention
1996 HNS Convention
2001 Bunker Convention
1974 Athens Convention as amended by the 2002 Protocol thereto
Draft Wreck Removal Convention

Chairman: Elizabeth Blackburn QC – Stone Chambers

Panellists:
Mans Jacobsson - Former Director, IOPC Funds
Jonathan Hare – Skuld
Agustin Blanco Bazan – International Maritime Organisation

Wednesday 25th April 2007, 5.30 for 6.00pm

Venue: A. Bilbrough & Co., 50 Leman Street, London, E1

For registration please contact the Centre at: shipping@ucl.ac.uk or by telephone on 020 7679 1512

The event is accredited for 2 CPD points

The Law Commission Insurance Law Review - 17 April 2007

The views of delegates at this event are important and will be taken into account as the Law Commission evaluates the issues which will fall for discussion, namely:

 The effect of misrepresentation and non-disclosure:
o Should there be no automatic right to avoid for negligent misrepresentation/non-disclosure? And,
o No right to avoid for innocent misrepresentation?

 The effect of breach of warranty:
o Including the implied warranties under MIA 1906 ss 36-41
o Should there be no right to avoid for breach of a warranty that was not material or where the loss was not causally connected to the breach?

 Whether any change is needed to MIA 1906 ss 42-46, which operate in much the same way as warranties

 Freedom of contract

Co-Chairmen: Peter Rogan - Ince & Co. & Professor John Lowry - UCL

Panellists:
Professor Hugh Beale QC – The Law Commission
Alan Weir – Ince & Co.
Peter MacDonald-Eggers – 7 King’s Bench Walk

Tuesday 17th April 2007,
Time - 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

THE SHIP AND THE PLANE, ARE THEY THE SAME? CORPORATE SOCIAL RESPONSIBILITY: SHIPPING AND AVIATION COMPARED

The Ninth Cadwallader Annual Memorial Lecture - 16 November 2006

Brochure (pdf)

Sir Stelios Haji-Ioannou - Chairman, The easyGroup, Spyros Polemis - Chairman of the International Chamber of Shipping & President of the ISF, Professor Erik Røsaeg - Scandinavian Institute of Maritime Law and Rupert Britton - Secretary and Legal Adviser to the UK Civil Aviation Authority, deliberated questions on Corporate Social Responsibility comparing shipping and aviation at the 9th Cadwallader Lecture held on 16th November.

The proceedings were chaired by the Centre’s Founding Director Dr Aleka Mandaraka - Sheppard, Visiting Professor of Maritime Law – UCL.




With 400 delegates present at the Captain’s room of Lloyd’s of London, a lively discussion ensued between the Panel and the Forum after the presentation and the issues compared with regard to shipping and aviation included:

• Regulatory Regimes and Statutory Controls (involving the regulators’ role, safety measures, and the effectiveness of enforcement agencies)
• Accountability to the public and for the environment
• The role of insurers
• Perceived public image of the industries and how it can be improved
• The present and continuing threat of terrorism
• What lessons can be learnt from each industry?

Topical issues in Competition law in the shipping industry - 21 June 2006

Introduction

This seminar examines recent developments in competition rules and their application in the shipping industry. It covers liner, non-liner and tramp sectors. It also deals with particular issues arising in private actions. Our panel of distinguished speakers are practising in the competition and/or shipping fields and will share some of their experiences.

Issues to be discussed include:
• latest on causation in private actions
• unenforceability of commercial agreements
• costs, private funders caps
• advantages & disadvantages of US jurisdiction by comparison to UK
• latest developments following modernisation 1/2003

Chairman:
Richard Plender QC – 20 Essex Street

Panellists:
Fergus Randolph – Brick Court Chambers
Marjorie Holmes – Richards Butler

Wednesday 21st June 2006, 5.30 for 6.00pm

Venue: Richards Butler,
Beaufort House, 15 St. Botolph Street,
London, EC3

Arbitration update: Controlling the Process, - 24 May 2006

Introduction

Is London arbitration still too slow, expensive and procedurally complex? Is it “over-lawyered”? Are arbitrators sufficiently bold and imaginative in the exercise of their case management powers? Not all parties to London arbitrations would give unqualified affirmative answers to these questions.

This Seminar examines the role of the arbitrator in controlling the arbitration process and controlling the costs. Our panel of distinguished speakers, all of whom are experienced practising arbitrators but with different specialist expertise, will explain how the legitimate expectations of users of the various types of arbitration service available in London can and should be met by effective case management and, where merited, appropriate sanctions.

Issues to be discussed include:

• The advantages and disadvantages of institutional arbitration with a permanent secretariat
• Disclosure; when to order it and when not to
• Issue based costs orders
• Dealing with tactical delay on the part of the recalcitrant respondent
• Back to back disputes
• Oral hearings
• Preliminary issues
• Security for costs and deposits on account of fees

Chairman: The Rt. Hon. The Lord Steyn

Panellists:
Michael Baker-Harber - LMAA Past President
Belinda Bucknall QC - Quadrant Chambers
Stephen Smid - GAFTA/FOSFA Arbitrator
Michael Lee - 20 Essex Street

Wednesday 24th May 2006, 5.30 for 6.00pm
Venue: Quadrant Chambers, 10 Fleet Street, London, EC4

Accredited for 2 CPD hours

Second LSLC/CTC Prize Essay Competition - 05 May 2006

The Centre is pleased to announce that, in association with Charles Taylor Consulting plc, the Second Prize Essay Competition was held this year.

The First Prize of CTC Shares to the value of £1,500 was awarded to Daniel Lewis, a Pupil Barrister at 3 Hare Court, for his essay entitled 'Does the Marine Insurance Act 1906 serve justice between insurer and insured?'.

The Second Prize of CTC Shares to the value of £500 was awarded to Simon Everton, an Arbitrator & Consultant Shipbroker for his essay entitled 'What would be an effective deterrant to sub-standard shipping?'.

Click Here to view Daniel Lewis' Essay

Click Here to view Simon Everton's Essay

The ISM on Trial (a mock trial) - Athens, Greece - 5th May 2006 - 05 May 2006

The inaugural LSLC/BIMCO annual conference

The ISM on Trial (a mock trial)

A unique event which brings to the fore a fresh understanding of a number of practical issues relating to the ISM Code. Attendance at this event by shipowners, ship managers, DPAs, Safety Assurance Managers, Classification Societies and lawyers is vital.

Delegates will gain a valuable insight in order to mitigate possible vulnerabilities in the safety management manuals.

This day conference will examine:
What type of ISM deficiencies would corroborate evidence of unseaworthiness and lack of due diligence under contracts of carriage?
What would the effect of ISM deficiencies be upon the right of the owner or manager to limit liability and upon their insurance contracts?
The ISM and Litigation risks;
The legal position of the DPA

PANEL
Dr Aleka Mandaraka-Sheppard (Producer/Moderator)
Sir Anthony Evans (The Judge of the case)
Simon Kverndal QC (Counsel for the Claimants)
Steven Berry QC (Counsel for the Defendant)
Ian MacLean - Ince & Co.- the DPA (Witness of fact)
Capt. Andrew Mitchell - Lloyd’s Register (RRO)(Witness of fact)
Dr. Phil Anderson - ConsultISM - Expert Witness

385 SYNGROU AVE. ATHENS, GREECE
FRIDAY 5TH MAY 2006

Introduction
With the ISM documentation and the Safety Management System, it is not so much what the ship-owner or ship manager has documented in his files, but how far the ship and shore personnel have familiarised themselves with the procedures, training and implementation of instructions in compliance with the requirements of both the Code and the STCW convention. Conflicts in the recording systems, or inaccurate recording, will expose the company and its officers to scrutiny by claimants’ lawyers and the court. In this mock trial of the ISM documentation it will be revealed how lawyers can bring weaknesses of the ISM into light, how factual witnesses can cope in cross-examination and how an expert witness can become the best friend, or the worst enemy of a defendant, all depending upon how well the ISM systems have been implemented.

This important event will deal with issues which can arise in a realistic scenario where deficiencies in the implementation of the Code can lead to problems in defending a cargo claim, or limiting liability or even preserving insurance cover. It involves examination of witnesses by two Queen’s Counsel. The witnesses play the roles of a Designated Person (DPA), a representative of a Recognised Organisation (RRO) and an expert witness. A judge delivers a considered judgment at the end.

The event has taken place in London on two occasions and has received excellent reviews from the Press and attending delegates.

“We were much obliged to the London Shipping Law Centre for demonstrating, using the example of a mock trial, just how effective the Code can be when employed in a hostile fashion - especially when it exposes the failures of an inadequate shipping operation.” Lloyd’s List, 22nd June 2005



Click here to find out more

Click here to read the Press Release following the event

This event is kindly sponsored by:

ELETSON CORPORATION

ULYSEES SYSTEMS LTD

TSAKOS SHIPPING & TRADING S A

OSG SHIP MANAGEMENT LTD

Antares Ship Management S A

TSAVLIRIS SALVAGE GROUP

LLOYD’S REGISTER

THE UK P & I CLUB

LNG – Technical and Contractual Issues (A practical workshop) - 05 April 2006

LNG has been grabbing the headlines in the shipping press over recent months. The purpose of this workshop is to provide an understanding to shipping lawyers of the technical and commercial issues relevant to the LNG business, and provide a forum for exchange of views on relevant contractual and legal issues.

Issues to be discussed include:

• Understanding LNG technology, how does LNG shipping differ from normal tanker business?
• The worldwide gas market - how do changes in the market affect issues relevant to shipping?
• Traditional - long term charters and recent developments in short term chartering.
• LNG shipbuilding contracts - variations from standard tanker contracts.
• LNG charters, including Shell LNG time.

Chairman: Sir Bernard Rix

Panellists:
Stuart Beadnall, Stephenson Harwood
Tim Gaughan -Shell Gas & Power International (The Netherlands)
Charlie Peile - Golar Management
Roger Roue - SIGTTO

Wednesday 5th April 2006, 5.30 for 6.00pm

Venue: Stephenson Harwood, One St. Paul’s Churchyard, London, EC4

To book a place, please visit the events section of the website by clicking here.

The UNCITRAL Project on Transport Law - 16 March 2006

Introduction
During the past 4 years UNCITRAL (the United Nations Commission on International Trade Law) has been engaged in the preparation of an instrument to replace the Hague, Hague Visby and Hamburg Rules and to introduce a uniform codified system of law to govern the international carriage of goods by sea, including door to door carriage where a sea element is involved. The work is on-going but the stage has been reached where it is possible to study the draft proposals and to form some view of their implications for shippers, receivers, carriers, banks and insurers should they eventually form the basis of a new cargo convention.

Issues to be discussed include:

• The basis of liability under the draft proposals
• The scope and application of the proposed convention
• The extent to which freedom of contract would be restricted
• The extent to which current national legislation would be replaced
• The proposed jurisdiction and arbitration articles
• Whether the proposals would alter the balance of risk between ship and cargo and whether they would lead to greater or less legal certainty

Chairman: Peter Rogan – Ince & Co.

Panellists:
Stuart Beare- Consultant, Chairman of the International Sub-Committee of the CMI on Issues of Transport Law
Anthony Diamond QC- Essex Court Chambers, Chairman of the BMLA standing committee on the carriage of goods
Andrew Taylor- Richards Butler, Secretary and Treasurer of the British Maritime Law Association.

Thursday 16th March 2006, 5.30 for 6.00pm

Venue: Ince & Co., International House, One St. Katherine’s Way, London,

A Midsummer Nightmare - Money Laundering and Shipping Intermediaries - 08 February 2006

Introduction
By means of a scenario involving bogus sales of ships and bogus disputes in arbitration this seminar shows how professionals and intermediaries can become unwitting accomplices in money laundering schemes, unless proper procedures are in place and are followed and there is continuing vigilance based on proper training. Anyone, no matter how well intentioned, is at risk. The penalties are severe. This Seminar will be of particular value to lawyers, brokers, bankers and arbitrators.

Issues to be discussed include:
• Know your client; but who is your client and is this enough?
• POCA and other legislation
• Bowman v. Fels; exemption for litigation?
• Best practice and codes of conduct
• Counsels of perfection vs. commercial pressures
• Cash receipts and payments
• Off shore nominee accounts
• What to do when you suspect money laundering?
• NCIS
Chairman: The Rt. Hon. Lord Mustill

Panellists: Chris Hilton –Partner, Eversheds and Chairman, Newcastle Building Society
Andrew Jamieson – Director and legal advisor ITIC
Caroline Kennedy – Allied Irish Bank (GB)
Hew Dundas - Int. Arbitrator & Mediator

Wednesday 8th February 2006, 5.30 for 6.00pm

Venue: Eversheds,
Senator House,
85 Queen Victoria Street,
London, EC4

“RECENT DEVELOPMENTS IN MARINE HULL AND WAR RISKS INSURANCE” - 10 January 2006

THE LONDON SHIPPING LAW CENTRE REMINDS MEMBERS AND THEIR COLLEAGUES OF THE FOURTH EVENT IN THE 2005-2006 LECTURE PROGRAMME


“RECENT DEVELOPMENTS IN MARINE HULL AND WAR RISKS INSURANCE”

Issues to be discussed will include:

• Market reaction to the International Hull Clauses 2003
• Changes in the division between marine and war risks
• Changes in the process for declaring AP areas under the war policy and for issuing Notices of Cancellation
• Problems in drawing the boundary between 'marine' and 'war' risks
• 'Contract certainty' in the marine market

Chairman – The Hon. Sir Richard Aikens

Panellists
Peter Mellett - BankServe Insurance Services Ltd.
Colin Gilchrist – MARSH Marine & Energy
Jonathan Gilman QC – Essex Court Chambers
Prof. Robert Merkin – University of Southampton

Tuesday 10th January 2006, 5.30 for 6.00pm

Venue: Hill Taylor Dickinson,
Irongate House,
Duke’s Place, London,
EC3

to book, please refer to the Events Section of this web-site

Do we have a Contract? (A semi moot scenario) - 07 December 2005

INTRODUCTION
Charterparties and fixture recaps, almost invariably, purport to record the parties’ binding agreement, which has been negotiated, often through brokers. But has a binding contract been concluded and who are the parties to it? Matters are made more complex where principals and brokers are in different jurisdictions where different rules apply. Via a role play scenario the rules in England, the Netherlands and the United States are examined and explained. Whilst of particular interest to those in the shipping industry and their professional service providers this Seminar will also be of interest to everyone involved in international commerce and trade.

The issues to be explored will include:
• “Subjects”
• Brokers’ authority
• The identity of the principal
• Conflict of laws
• The common law approach vs. the civil law approach

Chairman - Patrick O’Donovan – Maritime Arbitrator, Past President LMAA

Panellists
Steven Gee QC – Stone Chambers
Jeffrey Blum – Chairman, Instit. Of Chartered Shipbrokers (London Branch)
Nancy Spangler – DLA Piper Rudnick – United States
Michiel Spanjaart - DLA Piper Rudnick – The Netherlands
Tom Birch Reynardson – DLA Piper Rudnick - London


Wednesday 7th December 2005, 5.30 for 6.00pm

Venue: DLA, 3 Noble Street, London, EC2


PLEASE ARRIVE PROMPTLY. ADMISSION FOR LATE-COMERS CANNOT BE GUARANTEED

DLA Piper Rudnick Gray Cary will kindly be providing cocktails after the Seminar

The ISM on Trial (a mock trial) - A Repeat Event Due To Its Significant Issues And Popular Demand - 23 November 2005

The LSLC’s event on the “ISM on Trial” took place on 15th June in London. It was a unique event and was successful in bringing to the fore a fresh understanding of a number of issues relating to the ISM Code.

By way of a mock trial, the event dealt with issues which can arise in a realistic scenario where deficiencies in the implementation of the Code can lead to problems in defending a cargo claim, or limiting liability. It involved examination of witnesses by two Queen’s Counsel. The witnesses played the roles of a Designated Person (DPA), a representative of a recognised organisation (RRO) and an expert witness. The judge delivered judgment at the end.

Due to the importance of this event and its popularity, it is to be repeated on Wednesday 23rd November at 6.00 pm at Clyde & Co. with a slightly different cast and scenario.

The main issues to be explored will include:

• What type of ISM deficiencies would corroborate evidence of unseaworthiness of the relevant ship?

• What would the effect of ISM deficiencies be upon the right of the owner to limit liability?

• What would the effect of ISM deficiencies be upon the insurance contract?

• The legal position of the DPA and how his conduct in the performance of his duties under the ISM would affect the relevant company?

PANEL
Dr Aleka Mandaraka-Sheppard (Moderator)
Belinda Bucknall QC (The Judge of the case)
Simon Kverndal QC (Counsel for the Claimants)
Bernard Eder QC (Counsel for the Defendant)
Ian MacLean - Bentleys Stokes & Lowless - the DPA
Capt. Andrew Mitchell - Lloyd's Register (RRO)
Dr. Phil Anderson - ConsultISM - Expert Witness

Attendance at this event will be of great benefit to regulatory authorities, shipowners and ship managers who are directly affected.

The event is open to all sectors of the shipping community and bookings can be made through the Centre on tel: 020 7679 1512 or by e-mail: shipping@ucl.ac.uk

To book this event online or any other please click here

The Eighth Cadwallader Memorial Lecture - The Extra-Territorial Jurisdiction in Criminalisation Cases: Sovereign Rights in Legislation and New Risks for the Shipping Industry - 18 October 2005

This event is a follow up from last year’s event which focused on the criminalisation of seafarers. Since then, further developments in criminalisation have prompted the Centre to focus this year on corporate criminalisation as proposed by both the Corporate Manslaughter Bill (UK) and the EC Directive and the Framework Decision for ship-source pollution, which were adopted by the Council of Ministers on 12th July. The European Arrest Warrant (EAW), which has recently been implemented in member states, poses a further challenge to the shipping industry. These developments have serious implications not only upon seafarers but also upon corporate bodies such as shipowners, ship operators, charterers, salvors, Classification Societies and shipbuilders. Important issues to be discussed will include:
 Corporate Manslaughter (the New UK Bill)  Changes made by the amended Directive and the Framework Decision
 Sovereign Rights in legislation of member states under UNCLOS and MARPOL and how these will be affected by the Directive
 The shipowners’ perspective

Lord Hoffman will lead the panel of well-known and distinguished guest speakers whose remit it will be to discuss the most poignant aspects of these issues are:
The Rt. Hon. Lord Justice Clarke – Master of the Rolls (designate)
Mr. Fotis Karamitsos, Director General Maritime Transport, European Commission
Dr Thomas Mensah – formerly a Judge of the International Tribunal for the Law of the Sea
Mr Epaminondas Embiricos – Chairman - Greek Shipping Co-operation Committee.

Venue: Lloyd's of London, 1 Lime Street, London, EC3

Time: 5.30pm

The attendance by all sectors of the industry and participation in a constructive debate with the distinguished panel will contribute to making further strides in the reform of criminalisation laws.
Dr. Aleka Mandaraka-Sheppard
Founding Director, LSLC

For further details and bookings, please contact the Centre on tel: 020 7679 1512 or via e-mail: shipping@ucl.ac.uk

For a Booking Form, please click on the link below:

Eighth Cadwallader Brochure & Booking Form

The Eighth Annual Cadwallader Memorial Lecture - 07 October 2005

The Extra-Territorial Jurisdiction in Criminalisation Cases: Sovereign Rights in Legislation and New Risks for the Shipping Industry

This event was a follow up from last year’s event which focused on the criminalisation of seafarers. Since then, further developments in criminalisation have prompted the Centre to focus this year on corporate criminalisation as proposed by both the Corporate Manslaughter Bill (UK) and the EC Directive and the Framework Decision for ship-source pollution, which were adopted by the Council of Ministers on 12th July. The European Arrest Warrant (EAW), which has recently been implemented in member states, poses a further challenge to the shipping industry. These developments have serious implications not only upon seafarers but also upon corporate bodies such as shipowners, ship operators, charterers, salvors, Classification Societies and shipbuilders.

Important issues which were discussed included:
 Corporate Manslaughter (the New UK Bill)
 Changes made by the amended Directive and the Framework Decision
 Sovereign Rights in legislation of member states under UNCLOS and MARPOL and how these will be affected by the Directive
 The shipowners’ perspective

Lord Hoffman led the panel of well-known and distinguished guest speakers whose remit it was to discuss the most poignant aspects of these issues. The panellists were:
The Rt. Hon. Lord Justice Clarke – Master of the Rolls br> Mr. Fotis Karamitsos, Director General Maritime Transport, European Commission
Dr Thomas Mensah – formerly a Judge of the International Tribunal for the Law of the Sea
Mr Epaminondas Embiricos – Chairman - Greek Shipping Co-operation Committee.

Venue: Lloyd's of London, 1 Lime Street, London, EC3

The event was attended by hundreds of delegates from all sectors of the industry and there was great participation in the debate.

Dr. Aleka Mandaraka-Sheppard
Founding Director, LSLC

To view the papers available from the event please click on the appropriate link below.

Summary of the Eighth Cadwallader Memorial Lecture

Directors’ Address

Lord Justice Clarke’s Presentation

Mr Karamitsos' Presentation

Judge Mensah’s Presentation

Mr Embiricos’ Presentation

The ISM on Trial (A mock trial) - 15 June 2005

Introduction
With the ISM documentation and the Safety Management System, it is not so much what the ship-owner or ship manager has documented in his files, but how far the ship and shore personnel have familiarised themselves with the procedures, training and implementation of instructions in compliance with the requirements of both the Code and the STCW convention. Conflicts in the recording systems, or inaccurate recording, will expose the company and its officers to scrutiny by claimants’ lawyers and the court. In this mock trial of the ISM documentation it will be revealed how lawyers can bring weaknesses of the ISM into light, how factual witnesses can cope in cross-examination and how an expert witness can become the best friend a defendant could ever wish for, or the worst enemy he could ever imagine, all depending upon how well the ISM systems had been implemented.

Apart from the actual performance of cross-examination of witnesses, judgment will be delivered at the end. The issues to be explored during the forum/panel discussion will include:

Ø What type of ISM deficiencies would corroborate evidence of unseaworthiness of the relevant ship?

Ø If the ship was unseaworthy before and at the beginning of the voyage, and the due diligence defence failed, what would the effect of ISM deficiencies be upon the right of the owner to limit liability?

Ø In what way would the legal position of the DPA be affected, and how his conduct in the performance of his duties under the ISM would affect the relevant company?

Ø How the P & I club of the owner would view its position in relation to supporting the case of the defendant, member?

This is the first time that the ISM is on Trial, so please book your places for the event soon.

PANEL
Dr Aleka Mandaraka-Sheppard (Moderator)
The Hon. Mr Justice Gross (The Judge of the case)
Tim Young QC (Counsel for the Claimants)
Bernard Eder QC (Counsel for the Defendant)
Ian MacLean - Bentleys Stokes & Lowless - the DPA (Witness of fact)
Dr. Phil Anderson - ConsultISM - Expert Witness
Capt. Andrew Mitchell - Lloyd's Register (Recognised organisation Witness of fact)

Wednesday 15th June 2005, 5.30 for 6.00pm

VENUE: A. Bilbrough & Co., 50 Leman Street, London, E1

For further details and bookings please contact the Centre’s office on 020 7679 1512 or e-mail to: shipping@ucl.ac.uk

Trouble in Paradise – A Salvage Scenario - 09 December 2004

THURSDAY 9TH December 2004, 5.30 for 6.00pm

VENUE: Holman Fenwick & Willan, Marlows House, Lloyd’s Avenue, London, EC3

Introduction

This will be a workshop at which the panel will work through the attached scenario discussing the legal and practical salvage issues arising. As with all our seminars and workshops we aim to stimulate informed discussion and debate, at the event and afterwards. Questions, on the night or in advance, are encouraged.

KEY ISSUES TO BE DISCUSSED include:

• SCOPIC
• Misrepresentation
• Negligence
• Damages, limitation, set-off
• Salvor’s limitation fund (funds?)
• Ship valuation
• Wreck removal

Chairman: The Rt. Hon. Lord Justice Clarke

Panellists: Archie Bishop - Holman Fenwick & Willan

Elizabeth Blackburn QC – Stone Chambers

Tim Fuller – Tindall Riley Marine

Michael Howard QC - Quadrant Chambers

Capt. John Nixon – John Nixon Associates

Vasanti Selvaratnam QC – Stone Chambers

For further details and bookings please contact the Centre’s office on 020 7679 1512 or e-mail to: shipping@ucl.ac.uk

This event is accredited by the Bar Council and the Law Society for 2 CPD hours. Law Soc. ref. IU/UCL

Port State Control and the ISPS Code - 24 November 2004

WEDNESDAY 24th November 2004, 5.30 for 6.00pm

VENUE: Lloyd’s Register, 71 Fenchurch Street, London, EC3

Introduction
Many, but not all of the world’s maritime states now have established regimes of port state control, thus demonstrating an on-going commitment to safer ships and cleaner sea. The ISPS Code, which is enforced under the port state control regime, is now mandatory; under SOLAS Chapter XI-2. This Seminar will explore, with particular reference to the Code, what port state control is, how it works and the role of government and Non-Governmental Organisations in formulating policy and implementing the rules and regulations. The Seminar will also explore the practical impact of port state control on the day-to-day operations of the shipping community.

As with all our Seminars, each panel member is an expert on the subject and the discussion will be lively and informed.

KEY ISSUES TO BE DISCUSSED include:

• What is Port State Control, is it necessary and does it work?
• Transparency of data
• How does ISPS fit into the system? Is it necessary and does it work?
• The role of government and NGO’s
• Likely future developments
• The shipowners’ view
Chairman: Dr. Peter Swift - INTERTANKO

Panellists: Alan Cubbin – Paris MOU

Capt. Andy Mitchell – Lloyd’s Register

Thomas Timlen – BIMCO

Accredited for 2 CPD hours by the Bar Council and the Law Society. Law Soc. ref. IU/UCL

The Seventh Cadwallader Annual Memorial Lecture - 06 October 2004

The Seventh Cadwallader Annual Memorial Lecture Criminalisation in Shipping – Human Pawns in Legal and Political Games

Chairman: The Rt. Hon. The Lord Steyn

Keynote Address: Efthimios Mitropoulos – Secretary General – IMO

Speakers:
Dr Frank Wiswall – CMI
Stephen Martin – Steamship Insurance Management Services Ltd
Captain Rodger M. MacDonald - Secretary General, IFSMA

Lloyd’s of London, One Lime Street, London, EC3, Wednesday 6th October 2004, 5.45pm

There is widespread condemnation by the shipping industry of the criminalisation of seafarers (survivors of an accident at sea), which frequently leaves them traumatised. 'They become the human pawns of legal games played by lawyers and authorities' as Michael Grey aptly put it in his article in Lloyd’s List of 5th April 2004.

This ‘Cad’ Lecture aims to open up a frank debate between all sectors of the shipping industry about the practical effect of criminalisation in shipping. The debate will focus on making sense of ‘nonsensical’ laws, which endanger the basic freedoms of individuals involved in an accident becoming a piece of 'knee-jerk legislation', and will include the justification or not of punitive damages being enforced against shipping companies.

The threat to the industry from such laws directed against seafarers, company executives and Classification Societies is enormous and will engender a gradual decline in both manpower and investment.

Let us hope that wisdom will prevail on both legislators and investigators of marine accidents. Your contribution to this debate will be valuable. In the light of the immense importance of the issue involved and as a tribute to the memory of ‘Cad’, a Donation Form is attached and you are invited to make voluntary contributions to the charity of the ‘Mission to Seafarers’, whether or not you wish to attend the event.

Dr. Aleka Mandaraka-Sheppard Founding Director LSLC – Law Faculty, Bentham House, Endsleigh Gardens, London, WC1H OEG

Click here for full details

Summary: The 7th Cadwallader Memorial Lecture on “Criminalisation in Shipping: Human Pawns in Legal and Political Games” - 06 October 2004

A call for “a halt to unwarranted detention of seafarers” was made by the IMO Secretary General, Admiral Efthimios Mitropoulos, at this event. He urged governments to end treating seafarers as scapegoats and emphasised that both the IMO and the ILO regarded their detention as a violation of human rights. Giving the keynote address at the 7th Cadwallader memorial lecture of the London Shipping Law Centre held at Lloyds of London, Captain’s room, on 6th October, which attracted a gathering of around 400 shipping luminaries, Mr Mitropoulos warned that criminal sanctions against seafarers for negligent conduct would be a significant departure from international law and would have very serious repercussions on recruiting quality officers and on the morale of seafarers to co-operate openly after a casualty.

Both Dr Wiswall, vice-President of the CMI, and Mr. MacDonald, Secretary General of the International Federation of Shipmasters’ Associations, speaking at the same event, equated seafarers’ detentions with political hostage taking. Stephen Martin of Steamship Insurance Management Services called for the need of due process, consistency and proportionality by governments and court authorities in punishing individuals after a marine casualty. He stressed that those punished for misconduct must possess the necessary “mens rea” (intent or recklessness). Otherwise, arbitrary and disproportionate punishments become an impediment to effective investigation into casualties, a deterrent to transparency, disruptive of trade and are contrary to natural and legal justice.

The Chairman of the event, Lord Steyn, who is a vociferous advocate on human rights, concluded that governments must be persuaded that the legal demand is for proportional treatment of seafarers.

The event, which was generously sponsored by the shipping industry, served a significant purpose by making a plea for justice to seafarers. Founding director of the Centre, Dr. Aleka Sheppard, said at the opening of the event, that she sincerely hoped that what was discussed would reach the attention of legislators and state governments so as to act as a beacon for their thoughts and actions. She closed the event by delivering a donation, which the Centre raised for the charity of the Mission to Seafarers, to Mr. Michael Everard, the vice-President of the charity, in tribute to the memory of Professor Cadwallader.

Another highlight of this lecture was the announcement of the winners of the essay prize competition set by the LSLC and sponsored for the last three years by Charles Taylor Consulting (CTC). The winners, who receive shares in CTC, were this year: Michael Wagener, a South African lawyer, who won the first prize for an excellent essay on “The use or abuse of the corporate veil in shipping: is legislation needed to unveil it and, if so, for what reasons?” The second prize was won by Edward Temple Waite, claims manager at Tindall Riley, who wrote on “Limitation of liability: is it needed any more and, if so, for what reasons?”
Click here to view Michael Wagener's Essay.
Click here to view Edward Temple Waite's essay.

The event marked also the 10th anniversary of the London Shipping Law Centre and Dr. Sheppard said that the Centre, with the enthusiastic support showed by the industry over the last decade, will continue to be “strong in will to strive, to seek, to find and not yield, for the interests of the shipping industry and students of maritime law”.

Click here to download the full transcript from the lecture.

To download a copy of the draft EU Directive, click here.

SPECIALIST MEDIATION TRAINING AND AWARENESS COURSE IN SHIPPING AND COMMERCIAL DISPUTES - 17 June 2004

AFTER THE FIRST VERY SUCCESSFUL COURSE IN MEDIATION, THE CENTRE IS PLEASED TO ANNOUNCE THAT IT WILL HOLD ITS SECOND 4 ½ day SPECIALIST MEDIATION TRAINING AND AWARENESS COURSE IN SHIPPING AND COMMERCIAL DISPUTES

Dates: Thursdays & Fridays 17th, 18th, 24th and 25th and Saturday 26th JUNE 2004.
Venue: Regent’s College, Inner Circle, Regent’s Park, London NW1


The importance of this course is that it goes beyond teaching individuals how to practise as mediators. Participants will be equipped with skills to handle interpersonal relationships and deal with both their clients and opponents more effectively at any stage of their involvement in a dispute. They will also learn how to apply these skills in helping the parties involved in a dispute to find solutions which will not harm the continuity of their business relationship.

The course's approach is to teach participants to understand the role that emotions play in a conflict situation, the importance of using appropriate language to unlock solutions and the value of empathy in encouraging parties to address their underlying concerns.

The course combines an introduction to the basic principles of human behaviour with the specialist teaching of – and practice in - mediation techniques, in the context of resolving contemporary shipping and commercial disputes.

It should be attended by employees of law firms, P & I clubs, shipping companies, brokers and others as part of their personal development and further education for the benefit of the their firm and the firm's clientele.

The following are two quotes from participants:

'Very instructive course. To my surprise, I found this course very refreshing in its approach to dispute resolution. I was initially rather skeptical about involving psycho-therapeutic and counseling techniques in commercial disputes, but I found myself impressed by the direct human approach of the course.'
- Adam Poynter, – Shipping Solicitor

'I consider that the quality of the course was very high. The standard and content of the presentations were excellent and the balance between the presentations and the practical exercises and feedback sessions was appropriate'
- Geoffrey Brunton, partner Stockler Brunton Solicitors

This course has thus taken a highly significant step towards further dissemination of the advantages and benefits of mediation to the shipping and commercial world.

I trust that you will make early bookings as the course is limited to 16 participants.

Dr. A. Sheppard, Founding Director of LSLC

Further details are available from the Centre on tel: 020 7679 1512 ~ shipping@ucl.ac.uk or from the Centre’s web-site: www.london-shipping-law.com. Or by clicking here.

Sixth Cadwallader Annual Memorial Lecture - 15 September 2003

On 15th September 2003, the eve of the commencement of the London International Maritime Convention, (16-18 September), the London Shipping Law Centre (LSLC) held its flagship event at Lloyd’s of London which was followed by a reception.

The modern world is constantly changing to meet the new situations that confront it and the international nature of the shipping industry means that the industry is at the sharp end of those changes. Accordingly, we decided that the subject of this year's Cadwallader event should be 'Challenges facing the Shipping Industry in the 21st Century'.

We were most privileged to have had William O'Neil of the IMO to chair the event and deliver a keynote speech supported by three other eminent panellists – Chris Horrocks – ICS, Fotis Karamitsos - Energy and Transport Directorate General of the European Commission and Dr Peter M. Swift – INTERTANKO.

The audience was truly international, with delegates not only from the UK but also from the U.S.A, France, Italy, Greece, Hong Kong and Japan. In a new innovation, there was a live video link to the University of Cape Town in South Africa - a feat we hope to continue in future with many international educational institutions. We were grateful for the support and participation from South Africa, spearheaded by the redoubtable Professor John Hare. We were delighted by the eager interplay across continents after the speeches in the question and answer session. This was a thoroughly successful event enjoyed by all.

The themes that were selected for the Lecture were from current issues such as: lessons to be learned from the ‘Prestige’ accident; implications of the proposed extended Navigational zone; the phasing out of single hull tankers; the Achilles’ heel of bulk carriers; the need for a uniform approach in regulations; security risks and protection of seamen and free trade. The focus was on ways and means of meeting the various challenges constructively. The event was generously sponsored by Elka Shipping (London) Ltd., LLP and Lloyd's of London. It is supported by the Seatrade London International Maritime Convention. For full details click here

The Centre, at its events and, in particular, at this annual event, provides a neutral platform for an exchange of views and a policy debate among representatives of all sectors of the shipping industry on current legal and non-legal issues affecting the industry. The Centre’s general objectives include:

• to promote the interests of the shipping industry and excellence in shipping services through further education, awareness and dialogue;
• to enable the concerns of the various sectors of the industry to be heard openly at the Centre’s highly regarded events which bring together representatives and experts from many sectors of the industry;
• through this synergy, to facilitate co-ordinated action for reform in international maritime law and regulations.

This event was an enjoyable and a stimulating prelude to the events that followed during the London Maritime Convention between 16-18 September. At the end of the same week (19-20) the LSLC ran its specialist mediation training and awareness course for shipping and commercial disputes. It was also an opportunity for those who were in London during that week to take advantage of this unique, tailor-made, course. See panel below for further details.

The Centre's events are open to all persons and are accredited for CPD points.

For further details on the Seatrade London International Maritime Convention see panel below.



To download PDFs of each of the speeches please click on the following links:

William O'Neil's Keynote Speech

Chris Horrock's speech

Fotis Karamitsos' Speech

Dr Peter M Swift's Speech

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