Maritime and Shipping Law for Non Lawyers

About

New Zealand is a nation reliant on international trade, and with this is a need to move goods overseas by Sea. Fourteen major Seaports are the gateways for over 99% of Exports & Imports of nearly 50 Million MT Per Annum. This two day intensive course will give participants a working knowledge of Maritime and Shipping law as it affects organisations moving goods in and out of New Zealand and across the globe.

 

This course will cover the laws of the main jurisdictions, various international conventions mainly by IMO (International Maritime Organisation) since 1958 and importantly the International Law of the Sea (UNCLOS 1982) as well as NZ specific legislation.

 

Key Learning Objectives:

  • Gain an understanding of international maritime law and where it fits with New Zealand law
  • Understand shipping disputes, Claim Procedure and maritime insurance laws
  • Understand salvage, General Average and arbitration procedures
  • Learn about various rights and obligations, clauses of maritime legal contracts,  Bills of Lading, Hague Visby, Hamburg & Rotterdam rules

 

Who Should Attend?

  • Those in the shipping and maritime industry who want to expand their knowledge of maritime law
  • Lawyers who want to expand their knowledge of the maritime industry
  • Owners of freight and those involved in shipping goods
  • Importers and exporters
  • Customs brokers and freight forwarders, 3PL/4PL Providers
  • Government departments such as New Zealand Custom’s Service involved in the maritime shipping and freight industry
  • Ship Charterers, Brokers & Owners
  • Companies involved in Salvage or Off-shore Industry

 

Training methodology

This two day master class will utilise adult learning methods, small group work and case studies with interactive learning exercises. This workshop aims to blend Commercial, Technical and Legal aspects of WST (World Seaborne Trade) – the greatest global Industry. All attendees will be provided with a workbook and a certificate of completion. 

Outline

Video:  “Shipping - Life Blood Of International Trade”

 

Overview of the Shipping & Maritime Trade

  • Snapshot of World Seaborne Trade
  • Maritime Industry structure – Who’s who
  • Maritime Industry Roles and Responsibilities:
  • Seafarers (shipboard organisation including Master/Officers/Engineers/Ratings)
  • Port agents, Freight forwarders – 3PL / 4PL
  • Ship & Cargo Brokers, Insurance Brokers
  • Pilots, Tugs, Mooring Crew & Stevedores
  • Naval architects and marine engineers
  • Unions ITF and Marine Unions in NZ

 

Maritime law & Rules of Trade

  • IMO Conventions and International Regulatory Regime since 1958
  • Shipping Regulations- Global Vs Local, Flags, Class, PSC
  • IACS – International Association of Classification Societies
  • ISM  1995  – International Safety Management Code
  • ISPS 2002  – International Ships & Ports Security Code

 

International sale of goods – INCOTERMS 2010

  • Types of contracts
  • CIF 
  • FOB 
  • CFR
  • Risk Transfer across supply chain
  • Financing of goods
  • COA – Contract of Afreightment
  • Letters of credit
  • Bills of exchange
  • Remedies against Cargo Damage & Claims
  • Due diligence & Duty of Care

 

International conventions

  • Hague/Hague-Visby, Hamburg & Rotterdam Rules
  • Bills of Lading
  • Receipt of Cargo 
  • Evidence of a contract 
  • Document of title
  • Obligations and defences for carriers
  • Role of ICC – International Chamber of Commerce
  • International sale transaction procedure
  • UNCLOS 1982 – UN Convention of the Law of the Sea

 

S&P – Sale & Purchase of ships

  • Overview of the S&P process (New Buildings Vs Second Hand)
  • Roles and responsibilities of participants: Seller, Brokers & Buyer
  • Disputes on Build Quality/ Seaworthiness and other issues
  • Documentation requirements / Ship’s Certificates

 

Time Charter Parties

  • Types – Period / TCT / Spot
  • Formats:  BIMCO- NYPE 93 / GENTIME / BOXTIME 2004
  • Standards Clauses & Riders (Safe ports and unsafe cargoes)
  • Allocation of risk & Remedies for breech
  • Obligations and indemnities of the owner and charterer

 

Voyage Charter Parties

  • Owners and charters obligations Format : BIMCO / GENCON 94
  • Laytime, demurrage and despatch
  • Allocation of Risk & Remedies for breech
  • Links with bills of lading
  • Abbreviations and common jargon

 

Marine Insurance: H&M / P&I/ Cargo

  • Marine underwriting – Historical Developments
  • H&M -Hull and machinery Cover
  • Extent of Cover, clauses and exclusions
  • P&I - Protection and indemnity Cover
  • Extent of Cover, clauses and exclusions
  • Marine Cargo Insurance– Transit Cover
  • Risks covered by each underwriter
  • Claims Handling – Burden of the Proof

 

Salvage and Wrecks

  • What is Salvage?
  • SALCON 1989- International Convention on Salvage
  • LOF 2000 – Lloyds Open Form
  • General Average – Role of Average Adjuster
  • Salvage Security & Salvage Reward

 

Resolving Disputes &

  • Mediation, Arbitration or Litigation
  • Maritime arbitration procedure
  • Case Study

 

Ship Arrests

  • Common law and Jurisdictions
  • Contract and negligence
  • Types of claim for arrest
  • Arrests in various jurisdictions

 

New Zealand specific maritime law

  • Customs and bio security (Quarantine)
  • Maritime Transport Act 1996
  • OHS- Occupational Health & Safety

Facilitator

Capt Anton P Andrado – MICS MNI MCILT Master Class 1 AUST

Anton has been an active Maritime & Logistics personality. He has a wealth of knowledge and experience gained during a 29 year long career in Maritime industry and International Trade. ie. 14 yrs at sea and 15 yrs ashore.

Holding an AMSA (Australian Maritime Safety Authority) Master Class 1 License, gained in 1991 after studying at RMIT. He was awarded the Book Price in 1990 by RMIT for being the Best Student amongst 35. He became a MICS (Member of Institute of Chartered Shipbrokers UK) in 1998 and has been a tutor accredited by ICS UK since 2002. Few more credentials gained are MNI (Member of the Nautical Institute UK) and MCILT (Member of the Chartered Institute of Logistics & Transport UK) since 1991. He is also involved in the activities of Rotary International.

During his long Maritime career he has seen the operations of over 200 ports in 66 countries. Anton has excelled in both operational and commercial aspects of the wide world of Maritime Transport & Logistics.  His illustrious career provided him with "Hands On" experience across a variety of shore positions ie: Port Operations, Agency Functions, Ship Chartering, Ownership functions and Ship Management (Technical & Crew), Arbitration and Consultancy. Thus he has indeed gained a broad insight into the historical developments and current trends in the industry.  He has assisted many a Shipping Professionals to improve their careers in a variety of disciplines within the Maritime industry. Currently he is a Committee member with ICS-ANZ branch which runs a DLC- Distance Learning Centre in Melbourne with variety of Diplomas and Professional Training for Maritime staff.

He is the CEO/Director of AUSmaritime Pty Ltd, operating from the heart of Melbourne Australia. AUSmaritime is currently diversified into Ship Broking, Ship Management, Surveys, Training & Education, 3PL-4PL (Freight Forwarding), Commodity Trading and consultancy in Logistics related Projects. Anton created “Maritime Corridor” in early 2008 to uplift the “Hands-on Know-how” in the Maritime Logistics.

In recognition of this and many Professional Development Workshops he delivers in 6 Countries ( Australia, NZ, HKG, Spore, Malaysia & Indonesia) , in Nov 2009 Anton was awarded “Highly Commended” Award for Training & Education at the 14th Annual Australian Shipping and Transport Awards held by Lloyds List DCN in Sydney Australia. 

Capt Anton P Andrado – MICS MNI MCILT Master Class 1 AUST is also facilitating:

In-house Training

Do you have a number of staff who would benefit from this course? Find out more about running Maritime and Shipping Law for Non Lawyers, in-house at your organisation or ask us about our team training discounts:

Contact Lone M Tapp (Director, Bright*Star Training) on 09 912 3610 or fill in the form below.

Sorry, this event currently has no dates scheduled.

Do you have a number of staff who would benefit from this course? Find out more about running Maritime and Shipping Law for Non Lawyers, in-house at your organisation or ask us about our team training discounts:

Contact Lone M Tapp (Director, Bright*Star Training) on 09 912 3610 or fill in the form below.