Legal Principles, Risks, Negotiation & Drafting
About The Course
Covering most commonly used contracts, this masterclass offers thorough analyses of legal principles behind towage, salvage & wreck removal agreements. Through highlighting numerous scenarios and real-world case studies, attendees will examine practical matters to be considered in mitigating legal risks. The prorgramme is essential for all related stakeholders in a contract, including owners, cargo interests, salvors, P&I and insurers.
Aimed at enhancing participants’ capability in negotiating, drafting and handling legal disputes associated with towage & salvage contracts, numerous issues and clauses to be discussed will include late delivery/extension, withdrawal; non-payment of hire; LOF 2020; vessel maintenance; emergency response practices; SCOPIC clauses; knock-for-knock liability; general average.
Key Learning Outcomes
- Refreshers on contract law and legal systems governing contracts
- Legal principles behind towage and salvage, international conventions and standard contracts
- Legal issues and risks regarding towage & salvage contracts
- In-depth analyses of common contracts (e.g. Towcon, Towhire, Wreckhire, etc)
- Emergency response and crisis management – claims & experiences to date
- Navigating the relationships between different stakeholders in a casualty (e.g. owners, BCOs, salvors, P&I and H&M)
- Termination of salvage services, general claims handling issues
- Insurance coverage, knock-for-knock liability regime and general average issues
- Negotiation & drafting tips
- Different forms of dispute resolution with a focus on indemnities.
Case studies & Discussions include
- General Average
- FPSO Towcon contract
- Wreck removal negotiations
- LOF 2020 (Lloyd’s Open Form 2020)
Live Online Learning
Stay Home. Skill Up!
The current Covid-19 pandemic has put strains on various areas of business, especially when it comes to deriving commercial value from new initiatives. During this phase of self-isolation and working from home, we can help you meet your professional development needs and you can still take your professional development plans to the next level.
To support your learning goals we have converted our face-to-face trainings to LIVE Online Sessions. This way you can continue to attend live and interactive training sessions within the virtual classroom space where you can see and speak, with your Subject Matter Expert and other participants.
Benefits of Live Online Learning
Aimed at offering you immediate, high-quality practical information whilst minimising time and expenditure associated with travelling, our digital training platform enables you to interact in real time with course directors and remotely network with your fellow participants.
- Classroom Experience: Progress with fellow participants as you would in an on-site class
- Guaranteed cost-effectiveness: Travel budget saving, plus 20% price advantage for online participation
- Controlled environment with speakers managing the Q&A and discussions and tools for enhanced interactions
- Module-based approach to effectively manage your time and revisions
- Earn your Digital Certification and broadcast your achievements to your peers
- Onboarding: Available for all attendees
- Proven and secure training platform
Upon completion of this training course, participants will earn a digital badge.
Attend and participate in the full training course duration, led by the designated training expert
Law of Towage & Salvage
- International conventions
- Liabilities and indemnities
- Standard contracts
- Towage contract principles
- Towcon, Towhire
- Practical legal issues and risks to consider and mitigate including:
- Delivery, late delivery, extensions
- Vessel description, vessel maintenance
- Non-Payment of hire, suspension & withdrawal, termination
Emergency Response & Crisis Management: Claims & Experiences To Date
- Evidence preservation
- Salvage services
- Potential disputes between stakeholders
- Environmental considerations
- Case handling
- Dealing with authorities
Salvage – Legal Principles
- Principles of salvage
- LOF 2020
- Article 13
Salvage – Practical Considerations (Legal & contracts)
- TOWCON, TOWHIRE
- Wreckhire, Wreckstage, Wreckfixed
- Particular considerations
- Special compensation
- SCOPIC clauses
- Calculation of an award and options in relation to caretaking contracts after the termination of salvage services rendered under and LOF
Termination of Salvage Services
- When do salvage services come to an end
- Security instruments and guarantees
- Insurance coverage
- General claims handling issues
- ISU1 & ISU2 forms
- Interrelationship between P&I and Hull policies
Knock for Knock
- Knock for knock liability regime
- General issues of insurance
Case study involving the towage of an FPSO from the Mediterranean to South East Asia under a Towcon contract, disputes arising out of the contract and it performance resulting in proceedings in Singapore and London.
Wreck Removal Contracts – Negotiations & Drafting Tips
- When salvage is no longer an option – what to expect when negotiating a wreck removal operation
- Drafting tips in relation to Wreckhire and Wreckstage forms
Stakeholders in A Casualty
- Perspectives and relationship between stakeholders in a casualty
- Cargo owners
- P&I and Hull
- Principles and application of general average
- Adjustment of GA and examples
- Enforcement of rights
- Pollution expenses and liabilities
Case Study: CMA CGM Libra
A recently reported case in relation to liability of cargo interests to contribute to general average expenses if the grounding of the vessel was caused by unseaworthiness.
Dispute Resolution and Indemnities
Different forms of dispute resolution with a focus on indemnities
On-site & in-house training
Deliver this course how you want, where you want, when you want – and save up to 40%! 8+ employees seeking training on the same topic?
Talk to us about an on-site/in-house & customised solution.