Commercial Law and General Average
AT THE END OF THIS SEMESTER,
YOU WILL BE ABLE TO
- Understand the Salvage convention, Scopic, LOF, difference between towage and salvage.
- Understand the collision regulations, legal aspect during collision, commercial law and concept of liens .
- Concept of Environment protection and Safety of ship • When general average arises in maritime claims, York Antwerp rule.
Curriculum includes
Part A: Salvage and Collisions
Unit 1
Concept of Environment protection and Safety of ship • When general average arises in maritime claims, York Antwerp rule.
- Basics of Salvage, definition of salvage, how is a salvage claim made, which all parties are involved in the claim
Unit 2
The Salvage Conventions 1989
- Definitions, duties of salvor, owner and the master, criteria for fixing the award article 13, Special compensation article 14
Unit 3
LOF
- Content of LOF, sample LOF, salvage award etc
Unit 4
Collisions, collision regulations and the Collision Convention
- Definition and basics of collision, Rules of the road, Various rules and their explanation, Annexes as per ROR, lights and shapes
Unit 5
Salvors’ claims
- No Cure no pay principle, salvors claim, compensation as per service, various articles of compensation
Unit 6
SCOPIC
- What is scopic, how scopic can be invoked, roles and responsibilities of various parties as per scopic, scopic calculation
Unit 7
When towage becomes salvage
- Difference between towage and salvage, how towage becomes salvage, maritime lien, security and award
Part B: Commercial Law
Unit 1
Recovery of loss collision damage and apportionment of liability Admiralty Claims
- Collision clause, Both to blame,
Unit 2
The Ship as an Object of Litigation
- Admirality jurisdiction, senior court act, exercise of Jurisdiction, arrest of the ship, Procedural Aspects of Arrest of a Ship
Unit 3
The Safety of Ships
- Management and Navigation, ISM code, IMDG SOLAS, Presumption of fault, defence, Division of Loss, Measures of Damage
Unit 4
Maritime liens
- Maritime lien as per admirality law, concept of maritime lien, how lien can be exercised, who has the authority to exercise lien, legality of the lien
Unit 5
The Ship as an Object of Property:- 5 hrs
- Ownership of ship, Qualification of ownership, Mortgages, Registration, Flag of convenience
Unit 6
The Brussels Convention and the Arrest Convention
- International convention on arrest of ship going to sea, definition, articles, foreign jurisdiction on the ship, role of port state, nationality of the ship an the state
Unit 7
Ships and the environment - 5 hrs
- Oil Pollution, International convention on Civil Liability, International Convention on the Establishment of an International Fund for Compensation, Civil Liability Convention 1992
Part C: General Average
Unit 1
Common law rights to general average
- Basics of General Average, Average Contribution, principle of General Average, roles and responsibility of various parties under general average
Unit 2
The York Antwerp Rules 1974 and 1994
- Various articles and annexes of York Antwerp rule, explanation of the rule, latest amendments, 2004 Revision of York-Antwerp Rules 1994
Unit 3
Role of a average adjuster
- The Role of the Average Adjuster in Maritime Disasters, appointment of surveyors, Allocation of losses and determination of coverage
Unit 4
New Jason Clause
- Roles and responsibility of various parties, contribution between the parties, applicability of New Jason Clause