The outbreak of COVID-19 in 2020 directly and indirectly affected international trade and transport. High-value claims over, indicatively, prolonged detentions of vessels by authorities in zero-Covid policy countries and consequent termination of charter parties, effectively changed the trading map. All of the various unanticipated effects of the outbreak and government restrictive measures had a dramatic effect on the ability of vessels and their crew to operate.
The Russian invasion in Ukraine in 2022 has also had a dramatic effect on ships trading, not just in the Black Sea but around the world. Some commercial vessels have been detained, caught in war operations and even subjected to attempts of wrongful expropriation. The war seriously affected grain exports, leading to spiralling food prices, famine scenarios worldwide and, eventually, a UN agreement, allowing for significant volumes of commercial food exports from key Ukrainian ports via the Black Sea amid the ongoing war.
US, EU and UK sanctions imposed following the outbreak of hostilities have further complicated shipping and trading worldwide. The export and carriage of basic commodities, such as coal and fertilizers, from Russia to EU and other ports worldwide have been excluded with certain exceptions, resulting in the sudden termination of existing fixtures and high-value disputes. The unprecedented sanctions have led to significant disruption and uncertainty in maritime trade.
The latest crisis in connection with sanctions relates to the transport of Russian oil. In December 2022, about 30 tankers laden with oil from Kazakhstan got stuck in a queue for weeks, seeking to leave the Bosporus and Dardanelles straits, resulting in complex disputes over delays. Turkey required certain insurance documents to allow oil tankers pass through Turkish waters, which if provided, insurers would have been in breach of existing sanctions aiming to prevent the export of Russian oil, unless it was sold at an enforced low price or cap.
Maritime arbitration has always been the dispute resolution forum of choice since ancient times, and it continues to be particularly suited to resolve these novel and complex international disputes, which usually involve multiple jurisdictions. Parties have the option to appoint arbitrators with experience in the industry and understanding of the particularities of shipping. Furthermore, flexible arbitral procedures and enhanced enforcement prospects, via the New York Convention, often make arbitration an attractive option for maritime dispute resolution compared to court proceedings.
Ciarb’s Diploma in International Maritime Arbitration is a practical course given by experienced practitioners in the field, ideal to introduce you to the world of international maritime arbitration. This is not an academic course. It is designed to be a practical guide, taught by top maritime practitioners.
The course aims to provide candidates with a detailed knowledge of the procedural elements of an international maritime arbitration, as practiced in the most commonly used maritime centres, using legislation based on the English Arbitration Act 1996 and the United Nations Commission on International Trade Law (UNCITRAL) Model Law, together with the London Maritime Arbitrators’ Association (LMAA) Terms, the UNCITRAL Arbitration Rules and other maritime arbitration rules, to enable them understand and participate in such proceedings.
In addition, the course is designed to provide the candidate with the knowledge required to analyse submissions, arrive at a conclusion and write a final, reasoned and enforceable arbitration award in compliance with the Arbitration Act 1996 and maritime arbitration rules.
This course focuses on legal principles, process, practice and procedure in international maritime arbitration, the processes followed by an arbitrator in defining the issues that have to be decided by an award, dealing with the submissions made by the parties, analysing the appropriate law, evaluating the evidence, applying the law to that evidence, arriving at a conclusion and then writing a final, reasoned and enforceable award.
It is, therefore, valuable for anyone wishing to understand this topic generally, for example as a party, party representative or witness. For anyone who is considering a career as a maritime arbitrator, the course provides an opportunity to achieve Fellowship of ciarb which is in and of itself, a helpful indication to institutions and parties of a deep knowledge of arbitration practice and procedure.