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P52328V Live Online Training: Ship Arrest
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Live Online Training: Ship Arrest

4-Part series | 4 hours per Part | 09:00 pm – 13:00 pm (SGT)
May 2021 Course: 6th May | 7th May | 10th May | 11th May

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Register 2 Delegates & the 3rd attends FREE!

overview

Ship arrest is an excellent way to get security for a claim and potentially prepare for a judicial sale of the vessel. This may be a suitable remedy for a variety of creditors, such as owners that need to repossess the vessel under the charterparty, bunker suppliers that have not been paid, a bank that has terminated the loan facility and wishes to draw on its mortgage, or crew members that have outstanding wages.

At this training course, attendees will learn the law and arrest procedures in Singapore, Hong Kong, UK, US, Australia and, in relation to the associated ship arrest, South Africa. The course will examine the types of claims that can lead to arrest and assess the admiralty jurisdictions in different parts of the world.

The course also combines lectures, discussions, and practical case studies relating to ship arrests which aim to demystify legal terms and issues, explain practicalities of arrests, and highlight pitfalls and solutions to manage them better.

Key Learning Outcomes & Case Studies Include

  • Bankruptcy proceedings by owners and implications
  • The UNCITRAL Model Law on Cross-Border Insolvency, including Singapore’s proposed adoption of it
  • Practical Issues in arresting a ship
  • Freezing injunction compared with ship arrest
  • Find out the procedures for arrest in various jurisdictions
  • Become aware of other important issues including claims for wrongful arrest, arresting bunkers, and caveats against arrest and release
  • Case studies from UK, Singapore, Hong Kong, USA, Australia and South Africa

Refreshed programme with new legal updates, case law and practical application!

Who Should Attend

Ship owners, managers and operators, charterers  and cargo owners, port authorities, financiers,  insurance, shipping, and legal services will find the  course useful including:

  • Underwriters, Claims and Insurance Managers
  • Finance Managers and Financial Controllers
  • Partners, Solicitors, Maritime Lawyers, Legal
  • Advisers, and In-house Counsel
  • Credit Control Managers and Credit Analysts
  • Commercial and Risk Managers
  • Recovery Specialists
  • Corporate Bankers

Trainer

Professor Martin Davies  
Member
INTERTANKO Documentary Committee

Maritime Law and Director of the Maritime Law Center, Tulane University Law School, USA; Consultant to Norton Rose Fulbright, an international law firm.

Martin Davies is author (and co-author) of text books on maritime law, international trade law, conflict of laws, and

the law of torts. He has taught maritime law at universities in the United States, Australia, China, Singapore and Italy. He frequently speaks at conferences and seminars around the world. He also has extensive practical experience as a consultant in maritime matters and general international litigation and arbitration.

Martin has advised on cargo claims, arrest and admiralty matters, drafting bills of lading, sea waybills and charterparties, collisions and limitation of liability, oil pollution, salvage, marine insurance, maritime arbitrations and international sale of goods. He is a member of the Documentary Committee of Intertanko.

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Agenda

MODULE 1

PRACTICAL ISSUES IN ARRESTING A SHIP

  • A The processes
  • Evaluating the strength of claims
  • Jurisdiction choices
  • Post-arrest considerations

THE IMPLICATIONS FOR CREW MANAGEMENT

  • Crew assessment and retention
  • Pay, immigration and medical considerations
  • Appointment of custodian and what to expect from them

FREEZING INJUNCTION COMPARED WITH SHIP ARREST

  • The main differences
  • What to use when
  • Limitations and advantages of each

 

MODULE 2

WHAT TYPES OF CLAIMS CAN LEAD TO ARREST? WHAT CONNECTION MUST THERE BE BETWEEN THE DEFENDANT AND THE ARRESTED SHIP?

(UK-derived jurisdictions: UK, Singapore, Hong Kong, Australia, New Zealand)

  • Which claims fall within the admiralty jurisdiction
  • What are the procedural requirements for an arrest?
  • What types of ships can be arrested?
  • How quickly can an arrest be effected?
  • Counter-security requirements
  • The concept of “relevant person” and the required connection between the “relevant person” and the arrested ship

WHAT TYPES OF CLAIMS CAN LEAD TO ARREST? WHAT CONNECTION MUST THERE BE BETWEEN THE DEFENDANT AND THE ARRESTED SHIP?

(USA)

  • Which claims fall within the admiralty jurisdiction
  • The doctrine of personification – the ship itself as defendant rather than the “relevant person”

RISKS OF SHIP ARREST DURING COVID-19

  • Vessel quarantine, deviation and port dues liability
  • Crew claims and Owner’s duty of care
  • Cargo loss/damage claims
  • Incurred port dues (e.g. vessel quarantines)
  • Quarantined crew – will an arrest warrant be issued?
  • Arresting parties’ obligations

GETTING THE ARREST WARRANT AND HAVING ARREST SET ASIDE

  • How much does the plaintiff have to show to get the ship arrested?
  • What connection must the plaintiff prove between “relevant person”and ship?
  • What must be done to satisfy Constitutional requirements about due process in the USA?

Case studies:

  • On what claims fall within the admiralty jurisdiction
  • On the degree of connection required for arrest
  • On the strength of claim the plaintiff is required to show to arrest

 

MODULE 3

SURROGATE/ASSOCIATED SHIP ARREST AND RULE B ATTACHMENT

When can another ship be arrested to secure a claim against a wrongdoing ship? (UK-derived jurisdictions: UK, Singapore, Hong Kong, Australia, New Zealand)

When can other property be attached to secure a claim against the defendant? (USA)

MARITIME LIENS AND PRIORITIES

  • Who gets paid first?
  • What is the order of priorities of payment from an in rem fund?
  • What maritime liens are recognised?

 

MODULE 4

BANKRUPTCY PROCEEDINGS BY OWNERS AND IMPLICATIONS

  • Knowing the bankruptcy and admiralty law interface points
  • Legal implications in various jurisdictions
  • Conflicts over liens
  • Chapter 15
  • What has the Hanjin case told us
  • The UNCITRAL Model Law on Cross-Border Insolvency, including Singapore’s proposed adoption of it

MISCELLANEOUS ISSUES

  • Claims for wrongful arrest
  • Arresting bunkers
  • Caveats against arrest
  • Caveats against release

Case studies:

  • On surrogate ship arrest
  • On Rule B attachment in the USA
  • On priorities of claim

when & where

06 - 09 May 2021

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