Webinars

12 Part Series – Addressing Challenges in Dispute Resolution Clauses for Maritime & Offshore Contracts

In this 12 Part Webinar Series on Maritime Industry Dispute Resolution Clauses and Costs of Resolving Disputes – discussion sessions are developed to expose the pitfalls of default dispute resolution clause and consequences faced by the parties. Each session is devoted to one specific challenge, related case study, applicable legal principles and recommendations for managing your business amicably and profitably.

 

 

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Part 1 of 12: Anatomy of Default Dispute Resolution Clauses

Part 1 of 12: Anatomy of Default Dispute Resolution Clauses

You may have noted or will be surprised to see that in one shipment under a chartered vessel, various documents including Bills of Lading, contain different forums or legal jurisdictions for interpretation and dispute resolution. In this session we will review each of the following commonly used documents to analyze the consequences and pitfalls if any.

  1. In Charter Party Agreements
  2. In Bills of Lading
  3. In Shipping and Logistic Services Contracts
  4. Maritime industry contracts like Shipbuilding, Ship Repair and Rig Building Contracts
  5. Forum Shopping and Developing Best Default ADR Clause with cost control mechanism

Reference Case Study: The case law reports will be given after the scheduled date of the session for in-depth study. Discussion will be held during the workshop session.

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Part 2 of 12: Amending or Avoiding the Default Clause When Dispute has Erupted

Part 2 of 12: Amending or Avoiding the Default Clause When Dispute has Erupted

What to do if you are caught with a pathological clause or the forum stated in the Clause is uneconomical to pursue the dispute resolution process? Attend this webinar to find out how to:

  1. Exploring Possible Options
  2. Evaluating the Consequences of Dysfunctional or Pathological Clause
  3. Strategy for Dealing with Non-Cooperative Party
  4. Default Consequence of Non-Participation
  5. Initiating the Arbitral Proceeding

Reference Case Study: The case law reports will be given after the scheduled date of the session for preparatory study. Discussion will be held during the workshop session.

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Part 3 of 12: Stages or Tiers in a Dispute Resolution Clause

Part 3. Stages or Tiers in a Dispute Resolution Clause

Should you resolve the dispute soonest possible or try each stage till you get the best outcome? Review the clause for the following:

  1. Preconditions for Invoking each Tier
  2. Effectiveness and Enforceability of each Stage / Tier
  3. Sequential or Optional Process
  4. Administration of Each Stage
  5. Refusal to Participate in any Stage

Reference Case Study: The case law reports will be given after the scheduled date of the session for preparatory study. Discussion will be held during the workshop session.

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Part 4 of 12: Multiple or Conflicting Dispute Resolution Clauses

Part 4: Multiple or Conflicting Dispute Resolution Clauses

  1. Dispute Resolution Clause Incorporated By Reference from other Contract
  2. Dispute Initiated by Non-Contracting Party – Shipper with Terminal or Vessel with Terminal, Consignee against the Ship Owner etcetera
  3. Multiple Parties in the chain of Charter Parties
  4. Back-to-Back Agreements
  5. Parties in Contract through Brokerage Only

Reference Case Study: The case law reports will be given one week before the scheduled date of the session for preparatory study. Discussion will be held during the workshop session.

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Part 5 of 12: Role of Mediation in Resolving International Maritime Disputes

Part 5 of 12: Role of Mediation in Resolving International Maritime Disputes

  1. Mediation Agreement
  2. Choice of Mediation Forum
  3. Mediator Appointment
  4. Settlement Agreement
  5. Enforceability of Settlement Agreement
  6. Alternatives After Failed Attempts to Settle
  7. Cost Consequences for Non-participation

Reference Case Study: The links to the case law reports analysis will be given one week before the scheduled date of the session for preparatory study. Discussion will be held during the workshop session.

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Part 6 of 12: Forum Shopping for Litigation or Arbitration

Part 6 of 12: Forum Shopping for Litigation or Arbitration

  1. Choice of Seat of Arbitration
  2. Administered vs Un-administered Arbitration
  3. Why Avoid litigation in Courts
  4. Stay Orders in favor of Arbitration
  5. Pre-planning before invoking an Arbitration Clause

Reference Case Study: The links to the case law reports and analysis will be given one week before the scheduled date of the session for preparatory study. Discussion will be held during the workshop session.

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Part 7 of 12: Applying Security for Costs in Arbitration or Courts

Part 7 of 12: Applying Security for Costs in Arbitration or Courts

  1. Within the Arbitration Proceeding
  2. Application in Court at the Seat
  3. Types of Securities
  4. Security in Foreign Jurisdiction
  5. Attaching Assets or Security by Both Parties

Reference Case Study: The links to the case law reports and analysis will be given one week before the scheduled date of the session for preparatory study. Discussion will be held during the workshop session.

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Part 8 of 12: Arresting Ship for Security for Claim or for Costs

Part 8 of 12: Arresting Ship for Security for Claim or for Costs

  1. At the seat of Arbitration or Court
  2. In Foreign Jurisdiction
  3. Consequences of Arrest
  4. Releasing from Arrest
  5. Claims for Damages due to Wrongful Arrest

Reference Case Study: The links to the case law reports and analysis will be given one week before the scheduled date of the session for preparatory study. Discussion will be held during the workshop session.

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Part 9 of 12: Multi-party Dispute Resolution Clause

Part 9 of 12: Multi-party Dispute Resolution Clause

  1. Common Arbitration Clause in Multiple Charter Parties
  2. Post-event agreement for Joinder of the 3rd Parties
  3. Collisions and Accident Matters
  4. Cargo Interests
  5. String of Head Charter Party to multiple Sub-Charter Parties

Reference Case Study: The links to the case law reports and analysis will be given one week before the scheduled date of the session for preparatory study. Discussion will be held during the workshop session.

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Part 10 of 12: Estimating and Controlling Costs of Dispute Resolution Forums

Part 10 of 12: Estimating and Controlling Costs of Dispute Resolution Forums

  1. Legal Costs
  2. Administrative Costs
  3. Witnesses and Party Costs
  4. Time Cost
  5. Mediator, Court or Arbitration fees

Reference Case Study: The links to the case law reports and analysis will be given one week before the scheduled date of the session for preparatory study. Discussion will be held during the workshop session.

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Part 11 of 12: Drafting and Reviewing the Dispute Resolution Clause

Part 11 of 12: Drafting and Reviewing the Dispute Resolution Clause

  1. In Context of Charter Party Agreements
  2. For Contracts of Afreightment
  3. For Offshore Support Vessels
  4. Repairs and Shipbuilding Contracts
  5. Oil & Gas E & P contracts and Rigs Charter Party

Reference Case Study: The links to the case law reports and analysis will be given one week before the scheduled date of the session for preparatory study. Discussion will be held during the workshop session.

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Part 12 of 12: Lessons Learned and Recap of 11 Sessions of Dispute Resolution Clause

Part 12 of 12: Lessons Learned and Recap of 11 Sessions of Dispute Resolution Clauses

  1. Case Studies
  2. Recommendations
  3. Model Clauses
  4. Model Forums
  5. Responses to the Questions submitted by the Participants

“A Guidebook on Drafting Dispute Resolution Clause for Marine and Offshore Industry,” and summary of discussions held during the 12 sessions will be presented to the participants who have attended 7 or more sessions.

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Invoking Default Arbitration Clause in a Charter Party Agreement and Managing Maritime Arbitration

It is not surprising that the parties when negotiating a charter party agreement or any other shipping and maritime industry related contracts, using a standard form like NYPE, BIMCO or other Preprinted Forms, seldom negotiate the applicable law and dispute resolution clause.

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Managing Default London / New York Arbitration Clause in a Charter Party Agreement

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This Tiberias MC Webcast will last about 90 minutes depending on the interactions by the participants, and is conducted via Web-link sent by email to the confirmed registrants. If you wish to organize a customized session for more participants from your organization, please contact us to arrange it separately, at your convenience.

Benefits for the Participants

  • Manage your current disputes with informed choices;
  • Ask and hear questions from others and peers in the industry;
  • Download the copy of the presentation slides one week after the webinar; and
  • Replay the recorded video of the session at your convenience through subscription.
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