Specialisation: Maritime law

Admiralty law

Module A [LWM01A]

Admiralty jurisdiction and procedure

Introduction and nature of jurisdiction; enforceable maritime claims

Exercise of jurisdiction, actions in rem and in personam, maritime liens and procedure

Rules and doctrines restricting the jurisdiction of the Admiralty court

Convention jurisdiction basis and multiple proceedings

Module B [LWM01B]

Acquiring ownership in ships and the ship as property

Ownership, management and potential liabilities

Ship mortgages

Shipbuilding

Ship sale and purchase

Module C [LWM01C]

Safety regulations in navigation, liabilities and limitation of liability

Collision regulations for conduct of vessels

Criminal liabilities for breach of statutes or breach of duty

Civil liabilities for negligence causing damage; apportionment of loss and measure of damages; limitation of liability

Module D [LWM01D]

Assistance at sea and in ports

The concept of salvage under maritime law and the Salvage Conventions

Preconditions and elements of salvage; salvage agreements; assessment of award and special compensation. Liability of salvors for negligence and limitation

Towage contracts; liabilities to third parties arising from negligence during towage

The law regulating the rights and obligations of port authorities and pilots

Sequence:
Module C before Module D.

Textbook:
Aleka Mandaraka Sheppard, Modern Admiralty Law (London: Cavendish Publishing, 2001),
ISBN: 1859415318

Carriage of goods by sea

Module A [ LWM05A ]

Contracts of affreightment and voyage charter parties

Owners’ implied obligations: seaworthiness, reasonable despatch and no deviation; consequences for breach under common law; conditions, warranties, innominate terms; representations (descriptions of ship, date of arrival, cancelling

Charterers’ obligations: nomination of safe port, notification of owners of dangerous cargo

Voyage Charter parties: Owners’ obligation as to the ship, readiness to load and cancelling clauses; Charterers’ duty to load a full and complete cargo; Loading and discharging; Laytime and demurrage; Freight, lien and cesser clauses

Module B [ LWM05B ]

Time charter parties

Nature; description of ship, delivery date and cancelling clause; charter period; early or late redelivery; remedies arising from early or late delivery; payment of hire; off-hire; deductions from hire; withdrawal of ship for no punctual payment; employment and indemnity clause; owners' liens on freight or sub-freight

Module C [ LWM05C ]

The bill of lading contract and functions

The bill of lading as a contract; incorporation of charter party terms; identity of carrier; the bill of lading and third parties

The bill of lading as a receipt; representations as to quantity, condition and identity (leading marks) of cargo; common law and statutory estoppel

The bill of lading as a document of title and the Carriage of Goods by Sea Act 1992

Legal functions of other types of transport document: seaway bills, ship’s delivery orders and multimodal transport documents

Module D [ LWM05D ]

International conventions regulating the rights and obligations of the parties to the bill of lading contract

The Hague and Hague–Visby Rules; the Hamburg Rules; the Rotterdam Rules; genesis of the Rules and comparison. When do these rules apply? Excluded cases; period covered; no contracting out; the carrier’s duties; the carrier’s defences; responsibilities of cargo owner or shipper. Freight

Time limit for making a claim; limitation of liability

Sequence:

Students are required to attempt the modules in order.

Textbooks:

Wilson, J.F. Carriage of goods by sea. (Harlow: Longman, 2010) 7th edition [ISBN 9781408218938]. (Supplied as an e-book.)

Dockray, M. Cases and materials on the carriage of goods by sea. (Abingdon: Routledge, 2016), 4th edition [ISBN 9781138809888]. (Supplied as an e-book.)

International law of the sea

Module A: [LWM34A]

Evolution of the law of the sea

Pre-UN developments

UNCLOS I

The four Geneva Conventions on the law of the sea

UNCLOS III

Module B: [LWM34B]

Baselines, the territorial sea and the contiguous zone

The law on drawing baselines

The rights of states in their territorial sea

The right of innocent passage of other states

Rights and duties in the contiguous zone

Module C: [LWM34C]

The continental shelf and the Exclusive Economic Zone

Definition and drawing of the continental shelf

Rights of States in the continental shelf

The concept of the EEZ

Rights and duties of States in the EEZ and its delimitation

Module D: [LWM34D]

The high seas, the sea-bed and dispute resolution

The notion of the freedoms of the high seas

The legal status of the sea-bed and its resources

The International Seabed Authority

Dispute settlement mechanism in the law of the sea

Sequence:
Module A first.

Textbooks:
Robin R. Churchill and A. Vaughan Lowe, The Law of the Sea 3rd ed (Manchester: Manchester University Press, 1999), ISBN: 9780719043826

United Nations, The Law of the Sea: Official Texts of the United Nations Convention on the Law of the Sea and of the Agreement Relating to the Implementation of Part XI with Excerpts from the Final Act of the 3rd Conference (New York: United Nations, 1997), ISBN: 9789211335224

International trade law

Module A: [LWM36A]

Export sales on English law terms

Nature of FOB and CIF contracts

Formation of contracts of sale

Contractual arrangements for transportation of the goods

The seller’s obligations as regards the goods

Delivery of the goods

Responsibility for loading and discharge operations

Passing of property

Passing of risk

Module B: [LWM36B]

Carriage of goods by sea in international trade law

The shipping background

The Hague-Visby Rules

Transfer of the contract of carriage

Module C: [LWM36C]

Bankers’ letters of credit

Documentary credits and the sale contract

Documentary credits: fundamental principles

Fraud and forgery

Stand-by letters of credit and first demand guarantees

Module D: [LWM36D]

United Nations Sales Convention 1980 (CISG)

Scope and application of the Convention

General principles of uniformity in the Convention

Buyer’s and seller’s duties

Avoidance, exemption and remedies for breach

Sequence:
Students are required to attempt the modules in order.

Textbooks:
Bridge, M.G. The international sale of goods. (Oxford: Oxford University Press, 2013) 3rd edition [ISBN 9780199658251].

Chuah, J. Law of international trade. (London: Sweet & Maxwell, 2013) 5th edition [ISBN 9780414023253].

Wilson, J.F. Carriage of goods by sea. (Harlow: Pearson, 2010) 7th edition [ISBN 9781408218938]. (For Module B, supplied as an e-book.)

Marine insurance law

Module A: [LWM39A]

The contract of marine insurance

The nature of a marine insurance contract

The Marine Insurance Act 1906

The requirement of insurable interest

Wagering and gaming contracts

The formation of a marine insurance contract

The construction of a marine insurance contract

The policy

Types of marine insurance policies (time/voyage policies; floating policies/open covers; valued/unvalued policies; composite/joint policies)

The assignment of rights under a marine insurance policy

Module B: [LWM39B]

The doctrine of Uberrimae Fidei and insurance contracts

Nature of the duty of utmost good faith

The assured's pre-contractual duty of good faith: misrepresentation and non-disclosure

The assured's post-contractual duty of good faith and the duty in respect of claims

The insurer's duty

Remedies

The role of the broker

Module C: [LWM39C]

The terms of the contract; risks; and causation

Terms:
- Premium
- The assured and the subject matter of the insurance
- The attachment, duration, alteration and termination of the insured risk (including change of voyage, deviation and delay)
- Warranties (express and implied)
- Conditions and other terms
- The Institute Clauses

Risks:
- Marine risks
- War risks
- Excepted risks

Causation

Burden of proof

The sue and labour clause (mitigation of loss)

Module D: [LWM39D]

Indemnity, subrogation and contribution

The principle of indemnity

The measure of indemnity:
- Partial loss
- Actual total loss
- Constructive total loss

Insurers’ right of subrogation upon payment

Contribution between multiple underwriters

Third parties’ rights against insurers

Sequence:
The modules must be attempted in order.

Textbooks:
Susan Hodges, Law of Marine Insurance (London: Cavendish Publishing, 1996), ISBN: 9781859412275

Susan Hodges and Roy Carlile, Cases and Materials on Marine Insurance Law (London: Cavendish Publishing, 1999), ISBN: 9781859414385

Applicable laws and procedures in international commercial arbitration

Students wishing to study and be examined in this course are advised to successfully complete 'Regulation and infrastructure of international commercial arbitration' in full before attempting 'Applicable laws and procedures in international commercial arbitration'.

Module A [LWM03A]

Applicable law issues in arbitration

Determination of applicable law

Applicable substantive law

Transnational rules, lex mercatoria and trade usages

Arbitration and EU Laws

Module B [LWM03B]

Procedure and evidence in arbitration

Law governing the arbitration procedure

Commencement of arbitration; terms of reference / procedural directions

Procedural issues

Taking evidence

Module C [LWM03C]

Jurisdictional issues in arbitration

Arbitrability

Determination of jurisdiction

Provisional measures

Multi-party and multi-contract disputes

Module D [LWM03D]

Arbitration award – form, content, challenge and enforcement

Form and content

Finality and challenges to award

Recognition and enforcement

Sequence:
Module A first.

Textbook:
Julian D.M. Lew, Loukas A. Mistelis and Stefan Kr

Regulation and infrastructure of international commercial arbitration

Students wishing to study and be examined in this course are advised to successfully complete 'Regulation and infrastructure of international commercial arbitration' in full before attempting 'Applicable laws and procedures in international commercial arbitration'.

Module A [LWM42A]

Regulation and infrastructure of arbitration

Delimitation, definition and juridical nature

Institutional and regulatory infrastructure

Constitution, human rights and arbitration

Arbitration and the courts

Module B [LWM42B]

Arbitration agreement

Autonomy, types, and applicable law

Formal and substantive validity

Interpretation of agreements

Drafting arbitration clauses

Module C [LWM42C]

Arbitration tribunal

Selection and appointment of arbitrators

Rights and duties of arbitrators

Independence and impartiality of arbitrators

Challenge and removal of arbitrators

Module D [LWM42D]

Investment arbitration and specialist arbitration

Arbitration with states and state-owned entities

Arbitration of investment disputes

Specialist and mixed arbitration

Online dispute resolution

Sequence:
Module A first.

Textbook:
Julian D. M. Lew, Loukas A. Mistelis and Stefan Kr

Notes: 
Choose either: Applicable laws and procedures in international commercial arbitration, or Regulation and infrastructure of international commercial arbitration