CIArb News

Introduction to International Arbitration & Shipping Contracts Management course in Hong Kong

20 Aug 2019

CIArb East Asia Branch is accepting applications from suitably qualified professionals for a three-day Masterclass - “Shipping Contracts Management and Introduction to International Arbitration”.

The course will be held in Hong Kong from 19-21 September 2019.

The course will be taught by distinguished trainers including Christopher To FCIArb, Richard Leung FCIArb, Stephen Chu FCIArb, Lawrence Lee MCIArb and Jagmeet Makkar MCIArb.

The Introduction to International Arbitration course will include an online assessment process if participants wish to qualify for Associate membership status of the Chartered Institute of Arbitrators.

As explained in the course flyer, for eligible persons there is a generous subsidy scheme from the HK Government for the cost of participating in the course.

Further information about the course and application form are available in the course flyer.

Subjects covered include the following:

Introduction to International Arbitration (1 day): 21 September 2019

(Conducted by Chartered Institute of Arbitrators (East Asia Branch))

  1. Essential Features of International Arbitration
  2. Laws and Rules of Arbitration
  3. Composition of Arbitral Tribunal
  4. Powers and Jurisdiction of Arbitral Tribunal
  5. Statements of Claims and Defence – Pleadings
  6. Organising the Proceedings
  7. Hearings
  8. Costs and Interest
  9. Making of Award – Decision Making Process
  10. Recognition and Enforcement of an Award

Shipping Contracts Management (2 days’ Masterclass) 19-20 September 2019

  1. Introduction to Contract Law: Basics; Types of Contracts; Language & Homemade Clauses; Sale of Goods Act 1979; Unfair terms act 1977
  2. Shipmanagement Contract: Rights, Obligations and limits of liability.
  3. Charter parties: Key Obligations & Differences; Disputes (Arrived Ship, NOR, Laytime, Underperformance, Delayed Delivery, Bills of Lading, Bunker Quality, Bunker Supply Contract issues and other)
  4. Norwegian Sale Form: Evolution 1987-2012; Key Clauses (Inspection, Drydocking, Condition on delivery, Buyers & Sellers default); a review of previous relevant authorities
  5. Contract of Affreightment (Dry Bulk): Evaluation; Negotiation; Execution; risk mitigation strategies (counter-party risk; physical hedging and derivative positions)
  6. Bareboat Charter Contract: Operating leases; Key Financial Elements; Balance Sheet issues; Construction of Barecon; Dual Flag; Disputes

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Scam Alert

We have become aware that a third party has emailed some members requesting payment for membership.

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Joint intervention success as Churchill judgment allows the courts to order parties to mediate

In a significant moment for mediation, the highly anticipated Churchill judgment overturns the decision in Halsey, confirming it is not a breach of human rights to integrate mediation into the court process and, where appropriate, to order parties to mediate. CMC, Ciarb and CEDR joined forces to intervene in the case, arguing strongly for this outcome.

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In a lively session focusing on the establishment of an advisory centre in international law and cross-cutting issues, Ciarb intervened twice on behalf of members.

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