A Group Two Subject/Course : NB This syllabus is based on International Conventions and English Law, except where otherwise stated.
- To provide an understanding of law relating to shipping business.
- To ensure that members are able to communicate intelligently with professional lawyers.
Legal Aspects Of Charter Parties
- Concept and construction of a charter party; descriptive warranties, breaches and consequences; frustration; deviation; war risks and other protection clauses.
- Safe port warranty; arrived ship; cancelling; notice of readiness.
- Voyage charters – laytime, demurrage and despatch; damages for detention; freight, deadfreight and freight payment.
- Time charters – payment of hire and remedies for non-payment; delivery, redelivery and offhire; responsibility for cargo; performance (speed and consumption).
- Bareboat charters (newbuildings and second hand); lease charters; bareboat registry.
- Time barring of actions; contractual time barring, statutory time barring.
Carriage Of Goods By Sea Conventions
- International cargo liability conventions, rules and revisions. Reasons for the introduction of rules, their application and their relationship with insurance. Common and private carriers; carriers’ liabilities.
- The areas of dispute and litigations arising from the interpretation of the rules.
Legal Aspects Of Bills Of Lading
- The role and function of bills of lading and mate’s receipt.
- Essential characteristics of liner bills including combined transport and through bills of lading.
- Charter party bills of lading including difference between owners’ and charterers’ bills of lading.
- Negotiability of title including Carriage of Goods by Sea Act 1992 or equivalent national bills of lading acts.
- Principal bills of lading clauses including identity of carrier, law and jurisdiction and Himalaya clause.
- Standard protection clauses including Paramount, Jason, Both to Blame.
The application of International Conventions. Contract of carriage; rights and responsibilities of parties under Common Law and statute; limitation of liability for life injury and property claims.
Mortgage Law Applicable To Ships
Unlike other aspects of ship-owning structures mortgages are still covered under English law in many jurisdictions.
- Arrests; jurisdiction, types of claim, priority of claims.
- Arrest conventions. Basic procedures of arrest; freezing orders.
General Average, Salvage And Towage
General Average; rationale, practice and rules. Salvage agreements; salvage arbitrations. Towage agreements.
Environment And Pollution
- Conventions and applicable law including criminal and civil law.
- Pollution as a nuisance.
International Conventions; areas of conflict; apportionment of fault; measure of damages.
Shipowners’ Limitations Of Liability
International Conventions. Those entitled to limit; methods of calculation and distribution; how limitation may be broken.
- Enabling clauses.
- The procedures in litigation, arbitration and other systems of dispute resolution.
- Arbitration locations and significant differences in procedures.
- Acts and rules covering litigation hearings and arbitrations.
- Damages – contract and tort.