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Why Choose this Training Course?
Maritime Law, Insurance and Claims can lead to significant inroads into an organisation’s budget due to costly litigation processes and dispute settlement processes. A good scrutiny and overall analysis of draft contracts to remove ambiguities and risky clauses can make the vital difference to bottom line success or failure of an organisation. professionals involved in the legal and technical side of the shipping and logistics industry must be able to work effectively together and/with customers and contractors to accomplish key organisational objectives.
This PetroKnowledge training course provides an in-depth overview of all phases of contracting and will enable you promoting an understanding of the key principles. It is designed to equip you with the structure of maritime commercial law, damages, insurance and claims thereof is a key component of the modern professionals' skill set in a variety of contracting contexts. The training course will provide an overview of the regulatory and contractual frameworks which govern the maritime industry and is specifically designed for working professionals and will cover essential topics in maritime law and the legal and practical requirements of shipping contracts.
This training course will highlight:
The interactions of national legal systems in this field and the importance of English law
The contractual frameworks with existing regulations and selective leading case law
Insurance and damages
Negotiating contracts profitably
Arbitration and Alternative Dispute Resolution (ADR) Techniques
What are the Goals?
This training course aims to provide an overview of the Maritime Law, Insurance and Claims, to understand how to negotiate profitably key contracts, understand the insurance and claims side in more depth, to asses and manage pricing and overall risks, and to understand the application of ADR relevant to Maritime contracts.
At the end of this training course, you will learn:
Fundamentals of Commercial Contracts
Types of Maritime Contracts
International Law of the Sea as it applies to Maritime and Shipping Contracts
Management and Negotiation Techniques and the Role of Counsel
Key Legal Contractual Risk Management Issues
Managing force majeure and liability clauses
Analysis of Key Provisions in Maritime Insurance and Claims
International Dispute Resolution in Maritime Contracts
Who is this Training Course for?
This training course is suitable to a wide range of professionals but will greatly benefit:
Offshore support vessel owners, charterers, and operators
Commercial Managers in the maritime industry
Maritime Legal practitioners
Marine Insurance and Risk Managers looking to reduce the legal and contracts risks for their companies
Geologists and Engineers looking to increase and improve their commercial contracts knowledge
Government Departments, Policy Makers and Regulators
How will this Training Course be Presented?
This interactive PetroKnowledge training course will provide the participants an ideal opportunity to improve and sharpen their skill sets in planning and reviewing Maritime Law, Insurance and Claims contracts within international standards through interactive session with role playing, case studies, discussion groups and scenario building and the high-point of the training course being a simulation exercise of maritime contracts negotiation involving interactive role play by the participants. The objective of the interactive role play is to enable participants to apply the knowledge and understanding gained at the workshop to negotiate a more effective maritime contracts. This will help participants gain practical insights into managing the risks and enhancing their rewards.
For professionals involved nationally and internationally in the Maritime Law, Insurance and Claims, this course offers a unique opportunity to rapidly increase your understanding of the related contracts and to improve your negotiation techniques and skills in drafting a variety of related contracts. Therefore, your organisation will benefit from this training course by:
Gaining expertise and improving knowledge and skill sets of personnel dealing with areas of legal risks in handling maritime contracts.
Through various workshops and exercises ability to appreciate and understand the current international practices in maritime contracts
How mitigate risks in maritime contracts
Enhancing contract personnel negotiation skills
Analysis of key liability provisions in Maritime Contracts
Attendees will gain by participation in this training course as a result of:
A unique opportunity to rapidly increase your understanding of the international practices relevant to maritime contracts
Improving your negotiation techniques and skills in drafting a variety of related maritime contracts
Insurance and Claims in the maritime industry
Managing and mitigating legal risks associated with maritime contracts
Choosing most appropriate form of dispute resolution and how to draft a suitable ADR clause
The Commercial and Legal Framework
The Legal System & Fundamental legal principles
Mandatory elements of a legally enforceable contract
Terms and conditions
Interpretation of contract terms
Assessing available remedies for breach of contract
Consequential and incidental damages
Avoiding Risk Through Contract Termination Clauses
Common termination clauses
Avoiding common pitfalls
Reducing Risk Through Effective Use of Force Majeure Clauses
Understand the purpose and risks this clause is intended to mitigate
Avoiding common Force Majeure pitfalls
Protect yourself from abuse and misuse of this clause
Mechanics of exercising Force Majeure right
Essentials of Maritime Law
Understanding legal system governing contracts
International Private Law Rules and Conflict of Laws
Incorporation of the HagueVisby Rules; fixtures ‘sub details’; safe ports; dangerous goods; seaworthiness; class; delivery and redelivery; hire; freight, laytime and demurrage; liens
Shipping Documents in International Trade
The Vessel and her Liabilities: Collision and Marine Casualties
Avoiding Common Contract Pitfalls & Negotiations
Exclusion of liability
Exclusion of one’s own fault
Use of words and phrases such as notwithstanding
Without prejudice to, subject to, and such other terms and phrases encountered in contract documents
Representations and warranties
Insurance Claims and Uncertainties
Commonly Available Insurance Covers and Standard Clauses
The type and application of Insurance Cover
Uncertainties in validity of claims
Substantiation of Claims
Claim against whose insurance policy Charterer or Shipowner?
Fundamental OSV Chartering Concepts
Types of vessels considered to be OSVs
Contracts used in OSV chartering
The role of owners, charterers, customers, insurers/P&I Clubs, brokers, other contractors and governments
Interests involved- private commercial interests, public interests