Maritime Law & Dispute Resolution Training Course

Introduction

In the intricate and highly regulated global maritime industry, mastering Maritime Law & Dispute Resolution is absolutely essential for shipowners, operators, charterers, insurers, legal professionals, and anyone involved in the complex commercial and operational aspects of shipping. This essential training course is meticulously designed to equip maritime executives, legal advisors, claims managers, commercial managers, P&I club personnel, and marine insurance professionals with the specialized knowledge and practical skills required for understanding contracts, liabilities, insurance claims, and legal frameworks in the maritime industry. Participants will gain a comprehensive understanding of key international maritime conventions, the nuances of shipping contracts, the principles of maritime liability, and effective strategies for resolving disputes through negotiation, mediation, arbitration, or litigation. Our rigorous curriculum emphasizes hands-on application, international legal precedents, and real-world case studies pertinent to complex maritime legal challenges, empowering you to mitigate risks and protect commercial interests.

This shipping law and claims course is crucial for individuals and organizations striving to move beyond basic contractual understanding towards a proactive, expert-level approach to navigating the unique legal landscape of the sea. Mastering charter party legalities, implementing effective marine insurance claims management, and understanding strategies for international maritime arbitration are indispensable for preventing costly disputes, managing contractual obligations, ensuring compliance, and safeguarding financial exposure. This program offers an unparalleled opportunity to elevate your expertise in strategic maritime legal risk management and dispute avoidance, positioning your organization at the forefront of legal best practices in global shipping and driving significant long-term value creation through enhanced contractual clarity and efficient claims handling.

Target Audience

• Shipping Company Executives & Owners
• Commercial Managers & Chartering Managers
• Maritime Lawyers & Legal Advisors
• Claims Managers & Adjusters
• P&I Club Personnel & Marine Insurers
• Freight Forwarders & Logistics Managers
• Shipbrokers & Port Operators

Course Objectives

• Understand the fundamental principles and sources of international maritime law.
• Learn about the various types of maritime contracts and their legal implications.
• Master the legal framework governing carriage of goods by sea (e.g., Hague-Visby, Hamburg, Rotterdam Rules).
• Develop proficiency in understanding maritime liabilities for collision, pollution, and salvage.
• Explore best practices for handling marine insurance claims and general average.
• Understand the role of admiralty jurisdiction and maritime liens.
• Learn about robust strategies for preventing maritime disputes through effective contract drafting.
• Identify the critical aspects of dispute resolution mechanisms: negotiation, mediation, arbitration, and litigation.
• Develop skills in interpreting key clauses in charter parties and bills of lading.
• Understand the legal aspects of ship arrest and enforcement of judgments.
• Explore strategies for managing crew claims, personal injury, and death at sea.
• Drive the implementation of sound legal risk management practices within maritime operations.
• Position yourself as a leader in navigating complex maritime legal issues and dispute resolution.

Duration

10 Days

Course Content

Module 1. Foundations of Maritime Law

• Sources of maritime law: international conventions, national laws, customary law
• Understanding admiralty jurisdiction and its scope
• Key principles of maritime common law vs. civil law approaches
• International Maritime Organization (IMO) and its role in maritime legislation
• Classification societies and their legal standing

Module 2. Maritime Contracts: An Overview

• Types of maritime contracts: sale & purchase, newbuilding, repair, towage
• Ship management agreements: technical, commercial, crewing
• Supply contracts for bunkers, provisions, and services
• General principles of contract law applied to maritime agreements
• Formation, performance, and breach of maritime contracts

Module 3. Carriage of Goods by Sea: Legal Frameworks

• The Hague-Visby Rules: principles, carrier's liabilities, defenses
• The Hamburg Rules: contrasting with Hague-Visby
• The Rotterdam Rules: understanding the modern convention
• Bills of Lading (B/L) and Sea Waybills: functions, types, legal nature
• Liabilities and responsibilities of carriers, shippers, and consignees

Module 4. Charter Parties: Legal & Commercial Aspects

• Types of charter parties: Voyage, Time, Bareboat – their legal distinctions
• Key clauses in common charter party forms (e.g., GENCON, NYPE, BALTIME, BARECON)
• Understanding hire, freight, demurrage, despatch, off-hire
• Safe port/berth warranties and their implications
• Legal issues related to bunkers, speed and consumption, and maintenance

Module 5. Maritime Liabilities & Torts

• Liability for collision and limitation of liability (e.g., LLMC Convention)
• Oil pollution liability: CLC, Fund Conventions, OPA 90
• Salvage and wreck removal: legal principles and rewards
• General average: principles, adjustment, and liabilities
• Legal aspects of piracy and maritime security incidents

Module 6. Marine Insurance Law & Claims

• Principles of marine insurance: utmost good faith, insurable interest, indemnity
• Types of marine insurance policies: Hull & Machinery (H&M), Protection & Indemnity (P&I)
• Cargo insurance: types, coverage, and claims process
• General Average adjustments and insurance implications
• Handling and settling marine insurance claims

Module 7. Ship Arrest & Enforcement of Maritime Claims

• Legal basis for ship arrest and judicial sale
• Arrest Conventions (e.g., 1952, 1999 Arrest Conventions)
• Maritime liens and their priority
• Procedures for ship arrest and release
• Enforcement of judgments and arbitration awards against maritime assets

Module 8. Crew Claims, Personal Injury & Death at Sea

• International conventions related to seafarers' rights (e.g., MLC 2006)
• Liabilities for personal injury and death of crew and passengers
• Seafarers' employment contracts and disputes
• Crew abandonment issues and responsibilities
• Claims handling for personal injury cases

Module 9. Dispute Resolution Mechanisms

• Negotiation: strategies for amicable dispute resolution
• Mediation: principles and benefits of facilitated settlement
• Arbitration: advantages of maritime arbitration (LMAA, SCMA, SMA)
• Litigation: court proceedings, jurisdiction, and choice of law
• Enforcing arbitration awards and court judgments internationally

Module 10. Legal Aspects of Maritime Pollution

• International conventions on marine pollution prevention (MARPOL, OPRC)
• Liabilities for pollution incidents and clean-up costs
• Criminal and civil penalties for environmental offenses
• Legal aspects of ballast water management and compliance
• Role of environmental liability insurance

Module 11. Maritime Security Law & Piracy

• International legal framework for maritime security (e.g., ISPS Code, SUA Convention)
• Legal aspects of armed guards on vessels
• Ransom payments and their legality
• Liabilities arising from piracy attacks
• Best management practices (BMP) and their legal standing

Module 12. Legal Aspects of New Technologies in Shipping

• Legal implications of autonomous vessels (MAS) and remote operations
• Data ownership, privacy, and cybersecurity laws in maritime
• Legal framework for smart contracts and blockchain in shipping
• Liability issues for AI-driven decision-making onboard
• Regulatory challenges for future maritime technologies

Module 13. Emerging Legal Challenges & Future Trends

• Legal aspects of decarbonization and alternative fuels
• Increased focus on ESG (Environmental, Social, Governance) in maritime law
• Cyber liability and insurance for shipping companies
• Geopolitical shifts and their impact on maritime legal frameworks
• The evolving role of international cooperation in maritime law enforcement

Training Approach

This course will be delivered by our skilled trainers who have vast knowledge and experience as expert professionals in the fields. The course is taught in English and through a mix of theory, practical activities, group discussion and case studies. Course manuals and additional training materials will be provided to the participants upon completion of the training.

Tailor-Made Course

This course can also be tailor-made to meet organization requirement. For further inquiries, please contact us on: Email: info@skillsforafrica.org, training@skillsforafrica.org Tel: +254 702 249 449

Training Venue

The training will be held at our Skills for Africa Training Institute Training Centre.

We also offer training for a group at requested location all over the world. The course fee covers the course tuition, training materials, two break refreshments, and buffet lunch.

Visa application, travel expenses, airport transfers, dinners, accommodation, insurance, and other personal expenses are catered by the participant

Certification

Participants will be issued with Skills for Africa Training Institute certificate upon completion of this course.

Airport Pickup and Accommodation

Airport pickup and accommodation is arranged upon request. For booking contact our Training Coordinator through Email: info@skillsforafrica.org, training@skillsforafrica.org Tel: +254 702 249 449

Terms of Payment: Unless otherwise agreed between the two parties’ payment of the course fee should be done 7 working days before commencement of the training.