The bill of lading as a contract of carriage

Transcription

1 SESSIONS DAY ONE - 06/03/2018 Registration 08:30-09:00 Chair s Welcome and Quick Fire Exchange 09:00-09:15 Introduce yourself and learn about fellow attendees. Share your personal objectives for the seminar. Key shipping documentation and important contract clauses 09:15-10:45 Bills of lading - what are they and why have them? Types of bills of lading: liner/charterparty bills and straight/to order Improve your drafting of clauses in charterparties, bills of lading and other contracts Letters of indemnity and the UCP 600 Institute Cargo Clauses A, B and C Andrew Bicknell - Partner, Clyde & Co 10:45-11:05 Obtaining security 11:05-12:15 Practical points to consider before taking action Principles of security Ship arrest Common arrest jurisdictions Sister ships and associated ships Forms of security/judicial sales Worldwide freezing injunctions Anthony Pitt - Associate, Stephenson Harwood LLP The bill of lading as a contract of carriage 13:15-14:45 The nature of the contract Types of bills of lading Incorporating clauses Transfer of rights and liabilities The Hague, Hague Visby, Hamburg and Rotterdam Rules Alexander Sandiforth - Counsel, Reed Smith Current issues in marine cargo claims 14:45-15:45 Economic claims Current trends in piracy Losses Andrew Bicknell - Partner, Clyde & Co Afternoon coffee 15:45-16:00 Chair's tutorial: The bill of lading as a contract of carriage 16:00-17:00 Practical session discussing: Who are the parties? Which Rules apply? What law and jurisdiction apply? Are any charterparty terms incorporated into the bill of lading? Passing on liability for cargo claims - how the Interclub Agreement works in practice 17:00-18:00 Claims by owners against charterers The Interclub Agreement considered The nature of the indemnity Who can claim, by when and in what amount? What if the bills of lading are not in conformity with the charter? Obtaining security for indemnity claims PRACTICAL SESSION: How the Interclub Agreement works in practice Jeb Clulow - Partner, Reed Smith Chair's concluding remarks 18:00-18:05 Lunch 12:15-13:15

2 SCHEDULE DAY ONE - 06/03/2018 TIME MAIN AGENDA 08:00 08:30 - Registration 09:00 09:00 - Chair s Welcome and Quick Fire Exchange 09:15 - Key shipping documentation and important contract clauses 10:00 10:45-11:00 11:05 - Obtaining security 12:00 12:15 - Lunch 13:00 13:15 - The bill of lading as a contract of carriage 14:00 14:45 - Current issues in marine cargo claims 15:00 15:45 - Afternoon coffee 16:00 16:00 - Chair's tutorial: The bill of lading as a contract of carriage 17:00 17:00 - Passing on liability for cargo claims - how the Interclub Agreement works in practice 18:00 18:00 - Chair's concluding remarks

3 SESSIONS DAY TWO - 07/03/ :00-09:30 Chair's recap of day one and opening remarks 09:30-09:35 The carrier s obligations: unseaworthiness, due diligence and caring for the cargo 09:35-10:30 What is unseaworthiness? What is due diligence and how is it exercised? The importance and effect of exercising due diligence before and at the beginning of the voyage Cargo care and handling: Who is responsible for loading and discharging? The effect of large numbers of claimants on claims handling: container ship casualties 10:30-11:00 Carrier's defence of cargo claims 11:00-12:00 A claim made under the bill of lading Working with your P&I insurer The loss Title to sue Jurisdiction Time bars Limitation Hague-Visby defences, Hamburg defence, Rotterdam defences Nuisance settlements - advantages and disadvantages Protecting the recourse action - Interclub Agreement - effect of charterparty terms Sarah Sullivan - Managing Director, Sarah Sullivan Tutoring Ltd Practical session: Handling and defending a cargo claim 12:00-13:00 Review the strategy and tactics for handling a bulk cargo shortage claim and a reefer cargo damage claim, and how to avoid the claims through incorporating certain contract terms Sarah Sullivan - Managing Director, Sarah Sullivan Tutoring Ltd Lunch 13:00-14:00 The Role of the Cargo Surveyor 14:00-14:40 Forces at Sea Types of Damage Securing and Stowage The Transit Chain Case Histories John Argent FBACS - Divisional Director, ISA General average cargo s perspective 14:40-15:20 Concepts explained Insurance coverage Examining current practical issues Cargo s response to general average claims Robert Tomlinson - Average Adjuster, Richards Hogg Lindley Afternoon coffee 15:20-15:50 Case study: Bulk and steel cargoes: different cargo types and their possible risks 15:50-16:50 Bulk carrier cargo worthiness preparing the vessel for the cargo and the voyage Steel cargoes - the causes of typical claims for damage Damages to containerised cargoes Safe carriage of cargoes in bulk the IMSBC Code and cargo groups Case study - liquefaction of solid bulk cargoes Terry Ogg - Marine Investigator & Consultant, OGG Expert Chair s concluding remarks 16:50-17:00

4 SCHEDULE DAY TWO - 07/03/2018 TIME MAIN AGENDA 09:00 09:00-09:30 - Chair's recap of day one and opening remarks 09:35 - The carrier s obligations: unseaworthiness, due diligence and caring for the cargo 10:00 10:30-11:00 11:00 - Carrier's defence of cargo claims 12:00 12:00 - Practical session: Handling and defending a cargo claim 13:00 13:00 - Lunch 14:00 14:00 - The Role of the Cargo Surveyor 14:40 - General average cargo s perspective 15:00 15:20 - Afternoon coffee 15:50 - Case study: Bulk and steel cargoes: different cargo types and their possible risks 16:00 16:50 - Chair s concluding remarks

5 SESSIONS DAY THREE - 08/03/ :00-09:30 Chair s recap of day two and opening remarks 09:30-09:35 Group discussion 09:35-10:10 Resisting the claim being determined outside the contractual jurisdiction An interactive group discussion on how to respond to an arrest or threat of arrest and how to ensure that the cargo claim is pursued in the correct jurisdiction. Anti-suit injunctions Negotiating security wording Forms of security The Hague/Hague-Visby, Hamburg and forthcoming Rotterdam Rules 10:10-11:00 Obligations Limitations Defences 11:00-11:20 Evidence in cargo claims 11:20-12:20 Using real life case studies you will assess the role of the bill of lading as a receipt estoppel, unknown and said to provisions You will discuss practical and legal aspects of evidence relating to specific types of claims: Shortage claims Liquid cargo claims Bulk cargo claims Reefer claims Containerised cargo Burdens of proof Understand what damages are recoverable in cargo claims under English law Lunch 12:20-13:20 Practical workshop 13:20-15:00 Establishing and handling a cargo claim During this session you will be taken through the life of a claim from the first phone call to closing the file. You will consider in detail the carriers liability for loss/loss of/damage to the cargo. You will learn how to avoid pitfalls and how best to Chair's closing remarks 15:00-15:15

6 SCHEDULE DAY THREE - 08/03/2018 TIME MAIN AGENDA 09:00 09:00-09:30 - Chair s recap of day two and opening remarks 09:35 - Group discussion 10:00 10:10 - The Hague/Hague-Visby, Hamburg and forthcoming Rotterdam Rules 11:00 11:00-11:20 - Evidence in cargo claims 12:00 12:20 - Lunch 13:00 13:20 - Practical workshop 14:00 15:00 15:00 - Chair's closing remarks