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During the course you will study the
following modules:
 CLOSE ALL MODULES

Introductory Module: An introduction to the English legal system

On completing this module, you will have an understanding of:
 The structure of the English legal system
 The characteristics of judicial reasoning in a common law
jurisdiction
 The key principles which underpin legal relationships in international
trade
 The nature of the common law
 An introduction to litigation
 Means of alternative dispute resolution
 Contract law in shipping and trade
 Bailment
 Tort liabilities in shipping
 The law of agency
 The role of international conventions
 European law and its impact in shipping
1
International Trade Law: An Introduction to English Commercial Law
and International Sales
On completion of this module, students will have an understanding of:
 The main contracts arising in international trade
 That the contracts are co-dependent and together form the matrix
of legal obligations which facilitate trade
 What is meant by an international contract of sale on shipment
terms
 The main contractual obligations in international sale contracts
 The significance of different shipment terms and Incoterms
 The significance of frustration, and force majeure clauses and have
a practical grasp of available remedies
 The “judicial culture” of the commercial courts and the doctrine of
“freedom of contract”.
 English commercial law: its origins and characteristics
 The main characteristics of English international trade law
 The contractual matrix in international trade
 The sale of goods on English law terms
 Standard form contracts and international shipment terms
 CIF contracts
 FOB contracts
 Remedies
 Frustration of contract in international trade
 Force majeure and English law
 A newly developing doctrine of good faith

2
Bills of Lading Contracts
On completing this module, you will have an understanding of:
 What is meant by a bill of lading and be able to identify the carrier
on a bill of lading contract
 The difference between a bill of lading as evidence of a contract of
carriage and its actually being that contract
 The different liabilities that may arise under a charterparty and
under a bill of lading contract
 The international regimes applicable to carriage of goods by sea
contracts and have a clear understanding of when the Hague-Visby
Rules apply
  Bills of lading

 Introduction
 Functions
 Presentation
 Electronic bills of lading
 Bills of lading issued under charterparties
 The Hague and Hague-Visby Rules
 Application of the Hague-Visby Rules
 The Hamburg Rules
 The Rotterdam Rules

3
Charterparty Contracts
On completion of this module, you will have an understanding of:
 The function of the charterparty in relation to both the sale and
carriage of goods
 The important link between the charter and other transport
documents such as the bill of lading
 Which type of charter is most suitable in different commercial
scenarios
 The relevant legal principles governing charters.
 Choosing the type of charter: factors to consider
 Express and implied obligations between owner and charterer
regarding voyage and time charterparties
 Risk and cost allocation between owner and charterer
 Commercial control of the vessel
 Exception clauses/limitation of liability/ international conventions
 The problem of delay under time and voyage charters
 Hybrid charterparties
 The relationship between the charter, the bill of lading and other
documents

4
Marine Insurance Law
On completing this module, you will have an understanding of:
 The role of marine insurance in international trade
 How a contract of marine insurance is made and the rights and
duties of the parties to that contract
 The various types of marine insurance policies
  The relationship between general average and the contract of
marine insurance
 The nature of the marine insurance contract
 Capacity to contract, good faith duties of the parties and insurable
interests
 The Marine Insurance Act 1906; warranties
 The Institute Cargo Clauses
 Types of policies and insured perils
 Coverage for General Average and Salvage
 P&I

5
Admiralty Law and General Average
On completing this module, you will have an understanding of:
 The nature of the action for the arrest of the vessel and the
jurisdiction of the Admiralty Court
 The concept of salvage and the development of salvage in relation
to environmental concerns
 When towage becomes salvage
 Liability for collisions
 When general average arises in maritime claims
Part A: Salvage and Collisions
 The nature of salvage and the elements required for a salvage claim
 The Salvage Conventions 1989
 LOF
 Salvors’ claims
 SCOPIC
 When towage becomes salvage
 Collisions, collision regulations and the Collision Convention
 Recovery of loss collision damage and apportionment of liability
Admiralty Claims
 The jurisdiction and procedure of the Admiralty Court
 Procedures for arresting ships
 The Brussels Convention and the Arrest Convention
 Maritime liens
 Judicial sale of the ship
 Interlocutory remedies and the freezing order
Part B: General Average
 Common law rights to general average
  The York Antwerp Rules 1974 and 1994
 Valuing losses and assessing contributory values
 Rights and remedies of the interests inter se

6
Payment and Finance for International Trade
On completing this module, you will have an understanding of:
 The various methods of payment used to support international sales
 The most frequent payment methods in which banks are involved
 How payments are made by electronic transfers
 Statutory and trade regulation of payments supporting international
sales
 International conventions
 Bills of exchange
 Collection arrangements and the Uniform Rules 1995
 Letters of credit and the UPC 600
 Countertrade
 Bank guarantees and performance bonds
 Other forms of mercantile finance

7
Litigation, Arbitration and Mediation
On completing this module, you will have an understanding of:
 The procedure for bringing claims in the Commercial Court
 The distinction between litigation and arbitration, and why parties
arbitrate
 The effect of arbitration clauses in contracts, and trade arbitration
rule
 The impact of the Arbitration Act 1996
 The concept of conciliation and how it is different from arbitration
 The methods of enforcing foreign judgments and arbitration awards
Part A: Litigation, Arbitration and ADR
 Litigation in the Commercial Court and the Civil Procedural Rules
 General aspects of arbitration, and arbitration and litigation
compared
 The Arbitration Act 1996 and English arbitration
 Trade arbitration agreements
 International arbitration
 Conciliation
Part B: Enforcement of Judgements and Awards
 Foreign judgements under the Civil Jurisdiction and Judgements Act
1982
 Foreign judgements outside the Civil Jurisdiction and Judgements
Act 1982
 Judgements of the European Court of Justice
 Common law enforcement of foreign arbitral awards
 The New York Convention on Recognition and
 Enforcement of Foreign Arbitral Awards
 The Geneva Convention of the Execution of Foreign Arbitral Awards

8
Conflicts of Laws and Forum Shopping
On completing this module, you will have an understanding of:
 The conflicts of law rules that arise in maritime disputes
 Policy concerns upon which the English courts rely when
determining conflicts disputes;
 The impact of the Rome Convention and the Brussels and Lugano
Conventions on the courts’ approach; and
 The advantages of forum shopping
 The nature and scope of conflict of laws
 Jurisdiction of the courts at common law
 Forum non conveniens
 Anti-suit injunctions
 Jurisdiction of the courts under the Brussels Regulation
 Anti-suit injunctions in the context of the Brussels Regulation
 The Rome Convention and the applicable law to govern contracts
 Insurance contracts and the Rome Convention

SPECIALIST MODULE A - Ship Finance Law

 Commercial functions and concerns: meaning of terms
 Form of transactions – formalities and boilerplate
 Pre drawdown
 Post drawdown
 Period of deterioration of relations
 Enforcement of security
 Lender’s main concerns

SPECIALIST MODULE B - Oil and Chemical Pollution

 Oil and chemical pollution from ships
  Introduction - sources of marine pollution
 Legal intervention - objectives
 National law - UK and USA
 International regime - oil pollution prevention
 International regime - compensation for oil pollution
 State rights of intervention
 Industry regimes - TOVALOP and CRISTAL
 Bunker oil pollution
 Hazardous and noxious substances - new convention
 Pollution and salvage
 Marine pollution and EU

SPECIALIST MODULE C - European Union Competition Law in Shipping

 Introduction to competition law
 Introduction to EC law
 EC transport policy and shipping policy
 An examination of the key provisions of EC competition law (i.e.
Articles 81, 82, 86 and 87-89)
 Role of community institutions in EC competition Law and shipping
 EC competition rules and shipping
 Council Regulation (EEC) 4056/86
 Anti-competitive arrangements
 Abuse of dominance
 State aid
 State authorities
 Liner conferences
 Consortia
 Ports
 The control of mergers under the EC Merger Regulation
 Procedural issues
 The future

SPECIALIST MODULE D - The Four Pillars of Maritime Regulation

 Presentation of the IMO and its mandate
 Overview of the ILO and its specificities
 Origins and content of the four pillars: SOLAS / MARPOL / STCW and
MLC 2006
 SOLAS Chapter IX on ISM Code
 MARPOL Annex VI Chapter 4 on Energy Efficiency
 STCW Chapter VIII on Standards regarding Watchkeeping
  MLC 2006 title 5 compliance and enforcement
 Compliance monitoring and enforcement principles

I found the course very useful and the materials loaded

with detailed information. The entire literature is very
good for daily consultation in my work
Student,
2013

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