To ensure that members

1. have a general understanding of the principles of the law relating to matters
   frequently encountered in shipping business.
2. develop the ability to exercise foresight in avoiding problems and to deal
   intelligently with them if they arise.
3. have sufficient knowledge of dispute resolution to be familiar with the
   procedures.
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General Principles

English law is the most widely used law in shipping business. Nearly
all practical documents of an international nature involved with
shipping business are based on English Law, therefore students must
thoroughly understand concepts of common law, case law and precedent
and how these contrast with statute law (knowledge of specific
national statutes is not required).
Be aware of the fact that in many countries case law does not apply
as all law is codified.
Thoroughly understand statutes of limitations and time bars and their
impact in shipping business. Be aware of those time bars imposed by
statutes or international conventions and those which are
contractually agreed.
Be aware of the difference between civil and criminal courts and of
their structure, methods of appeal and choice of forum.
Thoroughly understand the role of arbitration in dispute resolution.
Understand the different services provided by maritime arbitrators
including short form arbitration and mediation.
Be aware of the main arbitration centres especially, London, New York
and Paris and their respective maritime arbitration associations.
Thoroughly understand the advantages and disadvantages of arbitration
v. litigation.
Be aware of the impact of European law and understand the potential
for conflict with national law.

Contract

Thoroughly understand the principles of the law of contract
especially the essential ingredients of offer, acceptance,
consideration and legality. Understand how and when a contract comes
into existence.
Understand how a contract may be broken and the circumstances under
which it may be voided and how force majeure may prevent its
performance.
Understand how some breaches may frustrate a contract completely
whereas others may require the contract to be fulfilled with
compensation for the breach.
Understand how losses may be recovered.

Agency

Thoroughly understand general principles of law of agency and how an
agency may be created.
Be aware of the difference between general agency, specific agency
and agents of necessity.
Understand the duties and rights of an agent or broker under each
type of agency.
Understand the two different forms of authority; express and implied.
Understand the responsibilities of the principal to the agent.
Understand the agent’s right to remuneration and the procedures
available to ensure payment.
Understand the authority of an agent in concluding contracts with 3rd
parties on behalf of the principal including the importance of
ensuring that the agent’s role is clearly defined.
Thoroughly understand the consequences of breach of warranty of
authority.
Be aware of the procedures for terminating an agency.

Tort

Thoroughly understand the precise nature of tort.
Understand the specific situations related to shipping including
failure of a duty of care; ie negligence and contributory negligence,
misrepresentation and vicarious liability outside a contractual
situation.
Understand the tort of conversion including delivery of cargo to the
wrong party and the tort of defamation.
Be aware of the differences between libel and slander.
Understand the remedy against tort feasors and the limitations of
compensation that may be obtained.

Law of Carriage

Thoroughly understand the need for an internationally agreed
framework of law governing carriage of goods by sea.
Understand the differences between the law involved in private
carriage ie charter parties and common carriage ie liner bills of
lading.
Understand the essential legal difference between voyage charter
including consequent voyages and contracts of affreightment, time
charters and demise (bareboat) charters.
Thoroughly understand the importance of ’time’ in charters
particularly including the ’arrived ship’ and laytime.
In time charter thoroughly understand speed and consumption and ’off-
hire’.
Be aware of the possibility of disputes over final voyage under time
charters.
Thoroughly understand the role and functions of bills of lading,
namely as a receipt (quantity and condition), evidence of a contract
(not the contract itself) and as a document of title.
Understand the principal customary clauses in bills of lading
including identity of carrier, Himlayas, protection clauses and
clause paramount incorporating one of the international conventions
for cargo liability.
Be aware of the customary clauses in bills of lading in respect of
carriers and merchants rights and responsibilities.
Thoroughly understand the legal differences between combined
transport bills of lading, through bills of lading and port-to-port
bills of lading and difference and role of waybills.
Be aware of electronic alternatives to paper bills of lading.
Thoroughly understand the role and function of international
conventions relating to cargo liability.
Thoroughly understand the principle liabilities and exclusion of
liability contained in Hague Rules, Hague/Visby Rules and Hamburg
Rules and the differences between the three conventions.
Understand the impact of the principle clauses relating the
seaworthiness and limitations of liability.
Be aware of other additional rules ie UNCTAD/ICC Combined Transport
Rules.
Be aware of current discussion to revise or replace these
conventions.
Thoroughly understand the role of bills of lading acts relating to
the endorsement and negotiability of the bill of lading as a document
of title eg in UK Carriage of Goods by Sea Act (COGSA) 1992.
Be aware of the main areas from which bill of lading disputes arise;
title; clean and claused documents; negotiability and liability.
Be aware of bills of lading problems relating to multi-modal
transport arising from differing liability regimes applying to
individual modes of transport.
Understand the carriers right to be paid freight for the carriage of
cargo and his liens for nonpayment.
Understand the right of the owner to receive hire for his vessel and
remedies in the event of non-payment.

General Average

Thoroughly understand the precise nature of General Average and the
particular circumstances leading to the declaration of General
Average.
Understand the voluntary nature of the actual sacrifice being
fundamental to the declaration of General Average.
Understand the manner in which all parties involved are obliged to
contribute to losses suffered by any of the parties.

International Conventions

Be aware how international conventions are agreed and the process of
ratification, their coming into force and incorporation into national
legal systems.
Understand that international maritime conventions have a major
impact upon day-to-day shipping business.
Be aware of the key elements of the following conventions:

SOLAS

Safety construction
Fire protection and prevention
Safety equipment and Life-saving appliances
Radio communication
Safety of navigation
Carriage of dangerous goods (IMDG Code)
Safety management (ISM Code)
International Ship and Port Facilities Security (ISPS) Code

MARPOL

Prevention of operational pollution.
Prevention of oil cargo pollution
Limitation of pollution following an incident

STCW

Standards of Training, Certification and Watchkeeping

Port State Control Convention

International Convention of Arrest of Sea-going Vessels