Shipping Disputes: Shaping New Cases into Solution-Focused Answers for Clients

Thu 22 February 2018

The Caledonian Club 9 Halkin Street London SW1X 7DR

Answers to 11 Thorny Questions: Directly from 6 QCs and 1 Leading Arbitrator

5 hrs CPD

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  1. Registration and coffee

  2. Chairman's Introduction

    Shipping Disputes: shaping new cases into solution-focused answers for clients

    Chaired by: David Pitlarge of Hill Dickinson

    David is a "fantastic" shipping lawyer. He has expertise in both wet and dry shipping matters covering maritime casualties, charter parties and shipbuilding contracts.

  3. Ocean Victory

    What is the alternative way of arguing limitation and so securing your client's objective?

    When will the SC's minority argument apply to other contract wording?

    Answered by: Jeffrey Gruder QC

    Jeffrey is a “brilliant legal mind and all-round star: he brings clarity and structure to very complex disputes”. He acted for the insurers in the $100m Ocean Victory litigation.

  4. Damages

    What is the correct approach to mitigation of loss where there is a breach of contract following the Supreme Court’s decision in the New Flamenco litigation?

    Answered by: Elizabeth Blackburn QC

    Elizabeth has "sharp and in-depth knowledge and unparalleled experience of maritime law". She was named best in Shipping & Maritime at the LMG Euromoney Europe Women in Business Law Awards.

  5. Morning coffee

  6. Moscow Stars

    Tackling the Moscow Stars decision, how could the owners have lawfully sold the charterer's cargo if that cargo was owned by a third party?

    Answered by: Chirag Karia QC

    Chirag is "one of the most effective shipping barristers at the bar - he produces superb results". He is joint editor of “Butterworths Commercial Court and Arbitration Pleadings”.

  7. Interpretation of terms

    How are you to interpret contract terms, following nuances introduced by the Arup litigation and the SC's decision on Hojgaard?

    Answered by: Nick Vineall QC

    Nick is “truly excellent at cutting through detail and simplifying the complicated”. He recently acted in a claim between a Chinese shipyard and a Greek buyer. He is a Deputy High Court Judge.

  8. Over-run

  9. Lunch

  10. Maritime arbitration

    To what extent is the decision in H v L [2017] bringing traditional maritime insurers one step closer to 3rd party funding style regulation?

    Answered by: Clare Ambrose of 20 Essex Street

    Clare is a full-time arbitrator with over 25 years of experience of arbitration and litigation. “Her knowledge and skill is first class”. She is co-author of “London Maritime Arbitration”.

  11. 3rd Party victims

    How can insurers react to the ECJ's decision that a 3rd party victim can sue the insurer where the damage occurred or where domiciled?

    Is there any way out?

    Answered by: Steven Berry QC

    Steven is a "brilliant trial lawyer and strategist" who is "venerated" for his shipping practice. He is recognised for his particular skill in charter party, marine insurance and bill of lading disputes.

  12. Inherent Vice

    With the Volcafe litigation bubbling away, how are you to establish the defence of inherent vice?

    Where does the burden of proof lie?

    Answered by: John Russell QC

    John is "incredibly impressive: commercial, effective and he knows how to win". He was instructed in the large group actions arising out of the “Napoli” and the “Rena” container ship casualties.

  13. Over-run

  14. Close of Conference

** All speaker quotes are taken from Chambers Directory, Who's Who Legal and Legal 500