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Certificate in Maritime Disputes & Arbitration

Understanding the different approaches to resolving shipping disputes

Commences: 19th September 2017

Delivered by tutored distance learning

During the course you will study the following modules:

1

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Types of Marine Disputes, Claims and Approaches to Resolution

The first module is substantially more extensive than it was probably expected because it
covers a wide range of sources of maritime disputes. Our purpose for this was to offer a
better and enriched understanding of the complicated and technical nature of the law in
these areas.

  • Claims in general
  • ‘Wet’ and ‘Dry’ shipping
  • ‘Wet’ claims
    • Collision
    • General average
    • Salvage
    • Marine pollution
  • ‘Dry’ claims
    • Cargo claims (contract of carriage, bills of lading, dangerous cargoes)
    • Charterparty disputes (freight, hire, demurrage)
    • Shipbuilding contract disputes
    • Ship repair disputes
    • Hull damage claims
    • Bunker disputes
    • Crew, passengers, stowaway and shore workers
  • Maritime claims and their enforcement
  • Litigation v. arbitration/mediation: comparisons in approach, costs and length of procedures

2

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The Legal Framework: Maritime Disputes and Litigation

This module examines issues related to the enforcement of maritime claims with a special focus on procedures and remedies.

  • Introduction to litigation - the law and practice of admiralty matters
    • The perspective of different jurisdictions
  • Sources of admiralty procedure
  • Admiralty jurisdiction
  • The Admiralty Marshal
  • Maritime liens
  • What maritime claims can support an action in rem and an action in personam
  • Pre-action and court procedure for maritime claims
  • The enforcement of maritime claims by an action in personam
  • The enforcement of maritime claims by an action in rem
  • The ‘freezing’ order (Mareva injunction), the ‘seizing’ order (Anton Piller order), the procedure applicable to arrest
  • Stay of proceedings
  • Proceedings concerning international oil pollution
  • Termination of arrest
  • Post arrest procedure
    • Distribution of the proceeds of the judicial sale
    • Order of priority in admiralty claims
    • Limitation of liability for maritime claims

3

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Alternative Dispute Resolution

The aim of this module is to familiarise you with the practice and main concepts of
‘alternative dispute resolution’ (ADR) and especially negotiation and mediation. The
objective is to illustrate how effective ADR processes can be.

  • What is Alternative Dispute Resolution (ADR)?
  • Why is there a need for ADR?
  • Potential advantages and disadvantages of ADR
  • Costs context in ADR procedures
  • Confidentiality in relation to ADR processes
  • The encouragement of courts for ADR
  • The approach of the courts to contractual ADR clauses
  • Negotiation
    • Definition
    • Preparation (facts, evidence, figures)
    • Identifying the issues and objectives
    • Prepare convincing arguments and offers
    • Effective communication, assisting the communication
      process and dealing with obstacles
    • Define instructions received, authority
    • Preparation of structure, agenda and timing setting
    • Making progress
    • Settlement
  • Mediation
    • Definition
    • Difference between negotiation and mediation
    • The role of the mediator
    • Is mediation an effective ADR process? Why choose mediation?
    • Advantages and disadvantages of mediation
    • Time, venue, costs
    • Mediation agreement
    • Mediation process

4

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Maritime Arbitration

The present module outlines the key features of arbitration, it explores its advantages and
disadvantages in comparison with other forms of dispute resolution, it presents the various
arbitral institutions and types of arbitration and also briefly deals with the issue of
intervention of the court in arbitral proceedings.

  • Definition
  • Arbitration and litigation/arbitration and mediation
  • Fundamental features of arbitration
  • Historical background
  • The modern concept of arbitration and its characteristics
  • Advantages and disadvantages of arbitration
  • The leading international arbitration institutions and their rules governing the procedures of arbitration
    • Maritime arbitration associations
  • Legal framework of arbitration
  • Types of arbitration
    • Institutional arbitration
    • Ad hoc arbitration
    • Investment arbitration
  • International maritime arbitration
    • The concept of ‘international’ arbitration
    • Issues arising in different systems of law
    • Procedural issues regarding international arbitration
    • National arbitration
  • The role of courts in maritime arbitration in US and English law
  • Arbitration as a primary maritime alternative dispute resolution mechanism
  • Is arbitration a full alternative to courts?

5

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Designing an Arbitration Regime

This module offers an account of possible pitfalls to an effective arbitral procedure and
focuses on variables to be considered in order to meet the expectations of international
contracting parties to avoid complexities and time consuming processes in resolving their
dispute.

  • The contractual foundation: the arbitration agreement
  • Enforceability of international arbitration agreements
  • What to consider when drafting the arbitration clause
  • Arbitration clauses in charterparties and bills of lading
  • Choice of law
  • The place of arbitration
  • Language of the arbitration
  • Appointment of the arbitral tribunal
  • Choice of arbitrators
    • Procedure for selection
    • Number of arbitrators
    • Experience, education and training
  • Liability for arbitrators’ fees
  • The role of the expert witness
    • Competence and expertise in the specific matter
    • Expert’s independence
    • Compliance with duties
    • Requesting clear instructions
    • Expert’s reports

6

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Arbitration Procedures

This module discusses various legal issues relating to the procedure of arbitration

  • Areas of maritime commerce covered by arbitration
    • Arbitrability of disputes
  • The autonomy of the parties’ will to choose arbitration procedure
  • Arbitration as a private mechanism for dispute resolution
    • The consensual nature of arbitration
  • Privacy and confidentiality of the process
  • Initiating the arbitration procedure
    • Notice of arbitration
    • Claim submissions
    • Defence submissions
    • Reply submissions
    • Counterclaims
  • Evidence
  • Arbitration settlements and awards
  • Costs
  • The LMAA Small Claims Procedure
  • Judicial review of arbitral proceedings
  • Appeals on points of law
  • Challenging an award for serious irregularity
  • Failure of substantive jurisdiction
  • Procedure in arbitration claims
  • How arbitral awards are enforced in key jurisdictions
  • Arbitration and mediation online
  • Concluding remarks on litigation, arbitration and mediation

This is a perfectly structured course with well prepared materials

Student,

2014