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overview
Key Learning Outcomes
- Cargo Shipping Regulations, market updates and cargo claim trends
- Impacts of Covid-19 on cargo transports & claims
- Specific issues with different types of cargo and insurance considerations
- Claims procedure, documentations and claims check-list
- Claims handling and legal issues associated with cargo loss & damage
- Defence of cargo claims
- Ship arrests – implications for shipowners and cargo owners
pricing
Trainers
Jeffrey Blum (FICS, FCIArb) – Trainer for June 2021
Founder, Interlink International Trading (UK) Ltd (IIT)
Founder & Principal Lecturer, Maritime Education & Training Ltd (METL)
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Agenda
MODULE 1
- CARGO SHIPPING REGULATIONS & MARKET
- Cargo Shipping Regulations
- The marine insurance act 1906
- Letters of Indemnity
- Letters of Credit and UCP 600
- IMO including IMO 2020 / IMDG Code 2016 / ISPS / ISM/
- SOLAS
- Cargo Shipping market
- Roles of underwriters, insurance brokers, P&I clubs
- Insurance obligations
- What needs to be disclosed by the assured
- Warranties and exclusions
- Exclusions under Hague Visby Rules IV (2)
- Duration of insurance cover
- Cargo & Piracy, kidnap and ransom
- “Insurable interest”
- IMPACTS OF COVID-19 ON CARGO TRANSPORT AND CLAIMS
- Cargo accumulation and insurance contract limit
- Delay, demurrage and delay clauses
- Delay clauses: excess time – load/unload, time period,
- NOR, WIFPON
- Demurrage charges
- Additional costs
- Deviation/unsafe ports
- Discussion – Vulnerable goods, perishable items with short shelf life
- Force majeure and exemptions
- Practical considerations:
- Interruptions in transit / deliveries
- Port congestion and disruption to deliveries
- Vessel quarantine
- Port closure
- TYPES OF CLAIM/PROBLEMS WITH CARGOES
- Bulk cargo (liquid/dry)
- Dry bulk cargo liquefaction
- Refrigerated and perishable cargo
- Specialist & project cargoes
- Dangerous cargoes
- Containerised cargoes container fires/cargo mis-declaration violations of regulations, sanctions types of direct and collateral damage Incidents
MODULE 2
- TRENDS/UPDATES IN MAJOR MARINE/CARGO CLAIMS
- Natural catastrophe related: hurricane, tsunami, Covid-19
- Cargo liquefaction
- Arctic navigation
- Fires, explosion – at ports, in warehouses and on vessels
- Cargo misappropriation: theft and fraud
- IMPACTS OF INTERNATIONAL SANCTIONS ON INSURANCE COVER
- Exposures to sanctions (insurers vs cargo owners vs owners)
- Sanction Limitation and Exclusion Clause
- When do sanctions extinguish a claim?
- CARGO CLAIMS PROCEDURES
- Key steps in managing cargo claims and losses
- Procedure, documentations, reporting
- Bills of lading & charterparty terms
- LOI
- LOC, UCP 600
- Duty of Assured clause
- Particular Average v General Average
- Salvage
- Surveyors – role, appointment, obligations
MODULE 3
- DEFENCE OF CARGO CLAIMS
- Limitation, exclusions and defences
- Package and weight limitation
- Time limits
- HVR Article IV(2) defences
- Responsibilities for loading, stowage, discharging cargo
- Deck cargo
- Delay claims
- CARGO INSURANCE SERVICE (CASE STUDY)
- Door-to-door cargo insurance
- DISPUTE RESOLUTION AND LEGAL ISSUES RELATING TO CLAIMS
- Litigation v Mediation v Arbitration
- Party autonomy / choices
- Enforceability
- Costs and time
- Enforceability
MODULE 4
- SHIP ARRESTS AND IMPLICATIONS (SHIPOWNERS VS CARGO OWNERS)
- How ship arrest can affect off-hire in time charters
- How ship arrest can affect commercial sale contracts
- Whether and how arrest is insured
- SHIP SEAWORTHINESS VS P&I AND CARGO INSURANCE POLICIES
- Types of unseaworthiness
- Shipowners’ P&I Club policy
- Charterers’ P&I Club policy
- Cargo insurance policy
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