Improve your management of cargo claims leading to the saving of time and costs in lengthy disputes
New programme for 2012, including practical sessions to cement your understanding:
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16 Hours CPD
Tel: +44 (0)20 7017 5510 Email: maritimecustserv@informa.com For latest programme or to register please visit: www.lloydsmaritimeacademy.com/cargoclaims
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E stablishing and handling a cargo claim Be taken through the life of a claim from the first phone call to closing the file.
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Examine current trends in marine cargo claims - what claims are currently the most common?
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Negotiating security wording and terms Understand the tactics and techniques most likely to succeed
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Improve your skills and knowledge in pursuing and defending marine cargo claims
Millions of dollars every year are lost through damaging cargo disputes. With increasing bunker costs and reduced charter rates it is more important than ever to ensure you know how to successfully manage the various stages of a cargo claim. This annual, interactive training seminar will examine the tools that are available to enable you to achieve a good result, both in a reasonable time frame and at a reasonable cost Day One: Monday 12 March 2012 08.45 09.15
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13.00 13.15
14.15 CHAIRMANS TUTORIAL Practical session discussing ANS TU the applicability of the rules and the party to the cargo claim M n Who are the parties? n Which rules apply? Henry Adams, Partner, Birketts LLP
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15.15
Tea
Registration and breakfast Chairmans welcome and QuickFire exchange During this session you will have the opportunity to introduce yourself and learn about your fellow delegates. At the end of this session the learning objectives of the course will be outlined. Henry Adams, Partner, Birketts LLP
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16.15 INTERACTIVE WORKSHOP Negotiating security wording and terms for 2 w Split into groups of club and cargo representatives. Learn how to negotiate security under the letter of undertaking. Understand the tactics and techniques most likely to succeed. Henry Adams, Partner, Birketts LLP
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Obtaining security Practical points to consider before taking action n Principles of security n Ship arrest n Common arrest jurisdictions: a comparison n Sister ships and associated ships n Forms of security/judicial sales n Rule B attachments n Worldwide freezing injunctions Charlotte Winter, Senior Associate, Norton Rose LLP
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17.00
Chairmans remarks and close of day one Day Two: Tuesday 13 March 2012
Coffee Key shipping documentation and important contract clauses n Bills of lading - what are they and why have them? n Improve your drafting of clauses in charterparties, bills of lading and other contracts n Introduction to incorporating of charterparty terms into bills of lading n Letters of indemnity and the UCP 600 n Institute of Cargo Clauses A, B and C Andrew Preston, Partner, Clyde & Co LLP
09.00 09.25
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11.30 SPOTLIGHT SESSION Current trends in marine cargo for 2 claims w n What types of claims are currently the most common? n Cargo and piracy n Shortage claims Andrew Preston, Partner, Clyde & Co LLP
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Understand who the parties are in the cargo claim and their role
Identifying the parties to the cargo claim Who is liable for cargo loss or damage? n Identifying the claimant n Identifying the carrier n Tort or contract? Matthew Wilmshurst, Solicitor Holman Fenwick Willan LLP
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10.30
Coffee
12.15
Tel: +44 (0)20 7017 5510 Email: maritimecustserv@informa.com For latest programme or to register please visit: www.lloydsmaritimeacademy.com/cargoclaims
10.45 Unseaworthiness, due diligence and recovery: Examining their roles in cargo claims n The obligations of the carrier n What is unseaworthiness? n What is due diligence and how is it exercised? n The importance and effect of exercising due diligence before and at the beginning of the voyage n How these obligations are dealt with in marine cargo claims n The effect of large numbers of claimants on claims handling: container ship casualties Lisa Wortley, Partner, Birketts LLP 11.45 SPOTLIGHT SESSION Limitation, exclusions and defences w f o r 2 n Package and weight limitation n Time limits n Article IV(2) defences n Responsibilities for loading, stowage, discharging cargo n Deck cargo n Delay claims 12.45 Questions and discussion
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13.00 14.00
Lunch
General average cargos perspective n Recognising the characteristics of a general average situation n Who pays and what security is provided n Cargos response to general average n Cargos response to the adjustment n General average and the future Paul Silver, Director, Richards Hogg Lindley
10.45 Passing on liability for cargo claims - how the Interclub al Agreement works in practice t ic S e n Claims by owners against charterers n The Interclub Agreement considered n The nature of the indemnity n Who can claim, by when and in what amount? n What if the bills of lading are not in conformity with the charter? n Obtaining security for indemnity claims n Includes practical session on how the Interclub Agreement works in practice Jeb Clulow, Partner, Reed Smith LLP
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15.45 16.00
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Practical aspects relating to cargo claims How and why do shortage claims arise? n Contamination versus a change in quality: establishing the real problem n Investigating the contamination claim n Mitigating the contamination claim n What are the consequences of delivery without the bill of lading? n The surveyors contribution to a marine cargo claim n Wet and dry cargo claims Mike Birchall, Marine Consultant & Surveyor Minton Treharne & Davies Ltd 17.00 Chairmans remarks and close of day two Day Three: Wednesday 14 March 2012 09.00 09.25 Breakfast Chairmans opening remarks Henry Adams, Partner, Birketts LLP
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11.45 Dispute resolution and an overview of the English legal system n Case law and statute n Structure and costs n Are costs recoverable? n What are the advantages of arbitration? n Which claims are most suitable for arbitration? n The process of referring the dispute n Mediation Baptiste Weijburg, Assistant Solicitor Holman Fenwick Willan LLP 12.45 12.55 Questions and discussion Lunch
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Establishing and handling a cargo 13.55 WORKSHOP claim O R KSHO W Delegates will be taken through the life of a claim from the first phone call to closing the file. They will consider in detail the carriers liability for loss/loss of/damage to the cargo. They will learn how to avoid pitfalls and how best to present and resolve issues arising. Henry Adams, Partner, Birketts LLP
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16.30
Tea will be taken at a suitable interval Chairmans closing remarks and close of seminar
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Tel: +44 (0)20 7017 5510 Email: maritimecustserv@informa.com For latest programme or to register please visit: www.lloydsmaritimeacademy.com/cargoclaims
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The Hatton 51-53 Hatton Garden, London, EC1N 8HN Tel: 020 7242 4123 Email: hatton@etcvenues.co.uk Nearest Underground station - Farringdon or Chancery Lane
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Accommodation Details
The cost of accommodation is not included in the event fee. To book accommodation we have created a HotelMap which displays live availability and allows you to book direct with each hotel: http://www.HotelMap.com/M4PQT Alternatively, if you would prefer to book by phone, please call Daniel Spinner on +44(0)20 7292 2335 quoting reference code M4PQT
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GROUP DISCOUNTS AVAILABLE! 50% discount for 3rd and subsequently registered delegates from the same company
Savings include Multiple Booking & Early Booking Discounts. All discounts can only be applied at the time of registration and discounts cannot be combined apart from early booking discounts which are available to everyone. All discounts are subject to approval. Please note the seminar fee does not include travel or hotel accommodation costs.
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A donation from the fee for each delegate participating in our 2012 maritime events will be made to Apostleship of the Sea
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FEE: Bookings made within 2 weeks of the seminar start date must be accompanied by a credit card confirmation. CONTINUING PROFESSIONAL DEVELOPMENT: his seminar carriers 16 hours of CPD accreditation under the Solicitors Regulation Authority. Level: Intermediate/Update. CPD Reference - EV/LSSL. For enquiries contact the registered company Informa UK Ltd. ARE YOU REGISTERED?: You will always receive an acknowledgement of your booking. If you do not receive anything please call us on +44 (0)20 7017 5510 to make sure we have received your booking Terms and Conditions Attendance at this Seminar is subject to the Lloyds Maritime Academy Delegate Terms and Conditions at www.informaglobalevents.com/ LMAtermsandconditions. Your attention is drawn in particular to clauses 6, 8 and 14 of the Lloyds Maritime Academy Delegate Terms and Conditions which have been set out below: Cancellation Policy If you cancel in accordance with this policy, you will receive a refund of your fees paid to LMA (if any): (i) if you cancel your registration 28 days or more before the Seminar, subject to an administration charge equivalent to 10% of the total amount of your fees plus VAT; or (ii) if you cancel your registration less than 28 days, but more than 14 days before the Seminar, subject to an administration charge equivalent to 50% of the total amount of your fees plus VAT. LMA regrets that the full amount of your fee remains payable in the event that your cancellation is 14 days or less before the Seminar or if you fail to attend the Seminar. All cancellations must be sent by email to maritimecustserv@informa.com marked for the attention of Customer Services and must be received by LMA. You acknowledge that the refund of your fees in accordance with this policy is your sole remedy in respect of any cancellation of your registration by you and all other liability is expressly excluded. We are happy to accept a replacement delegate for the whole event, however delegate passes cannot be split or shared between delegates under any circumstances. Changes to the Seminar LMA may (at its sole discretion) change the format, speakers, participants, content, venue location and programme or any other aspect of the Seminar at any time and for any reason, whether or not due to a Force Majeure Event, in each case without liability. Data protection The personal information which you provide to us will be held by us on a database. You agree that LMA may share this information with other companies in the Informa group. Occasionally your details may be made available to selected third parties who wish to communicate with you offers related to your business activities. If you do not wish to receive these offers please contact the database manager. For more information about how LMA use the information you provide please see our privacy policy at www.informaglobalevents.com/ LMAtermsandconditions. If you do not wish your details to be available to companies in the Informa Group, or selected third parties, please contact the Database Manager, Informa UK Ltd, 29 Bressenden Place, London, SW1E 5DR, UK. Tel: +44 (0)20 7017 7077, fax: +44 (0)20 7017 7828 or email LMAintegrity@ informa.com. Incorrect Mailing: If you are receiving multiple mailings or you would like us to change any details, or remove your name from our database, please contact the Database Manager at the above address quoting the reference number printed on the mailing label. By completing and submitting this registration form, you confirm that you have read and understood the Lloyds Maritime Academy Delegate Terms and Conditions and you agree to be bound by them. Lloyds and the Lloyds Crest are the registered trademarks of the Society incorporated by the Lloyds Act 1871 by the name of Lloyds.