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23-07-2018 (Singapore)

P52239 Ship Arrest
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Ship Arrest

23 – 24 July 2018, Mandarin Orchard Hotel, Singapore

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Team Savings: Register 2 Delegates & the 3rd Comes free!
MCF TRAINING GRANT IS AVAILABLE FOR ELIGIBLE PARTICIPANTS.
PLEASE REFER TO WWW.MPA.GOV.SG/MCF FOR INFORMATION.

overview

Key Learning Outcomes

  • Bankruptcy proceedings by owners and implications
  • The UNCITRAL Model Law on Cross-Border Insolvency, including Singapore’s proposed adoption of it
  • Practical Issues in arresting a ship
  • Freezing injunction compared with ship arrest
  • Find out the procedures for arrest in various jurisdictions
  • Become aware of other important issues including claims for wrongful arrest, arresting bunkers, and caveats against arrest and release
  • Case studies from UK, Singapore, Hong Kong, USA, Australia, and South Africa

Refreshed programme with new legal updates, case law and practical application!

Who Should Attend

Ship owners, managers and operators, charterers and cargo owners, port authorities, financiers, insurance, shipping, and legal services will find the course useful including:

  • Underwriters, Claims and Insurance Managers
  • Finance Managers and Financial Controllers
  • Partners, Solicitors, Maritime Lawyers, Legal Advisers, and In-house Counsel
  • Credit Control Managers and Credit Analysts
  • Commercial and Risk Managers
  • Recovery Specialists
  • Corporate Bankers

pricing

Packages Price
2 Day TrainingSGD $3495Early Bird

Early Bird Rate: Register and Pay on or before 18 May 2018

Register 2 Delegates & the 3rd attends FREE!
Group rate is based on normal rate of 2-day main conference package only.
For Group Registrations, email register@ibcasia.com.sg or call +65 6508 2401

 

  • Special Group Discount pricing is applicable to groups of 2 or more delegates from the same organisation registering for the same event, at the same time.
  • Fee stated is the discounted price PER DELEGATE. Only one discount applies – either the early bird rate OR the Special Group Discount.
  • All fees stated include luncheons, refreshments and complete set of documentation. It does not include the cost of accommodation and travel.
  • A 7% Goods & Services Tax (GST) is applicable to all Singapore based companies for Singapore venue.

trainer

Professor Martin Davies

Director of the Maritime Law Center, Tulane University Law School

Agenda

PRACTICAL ISSUES IN ARRESTING A SHIP

  • The processes
  • Evaluating the strength of claims
  • Jurisdiction choices
  • Post-arrest considerations

THE IMPLICATIONS FOR CREW MANAGEMENT

  • Crew assessment and retention
  • Pay, immigration and medical considerations
  • Appointment of custodian and what to expect from them

FREEZING INJUNCTION COMPARED WITH SHIP ARREST

  • The main differences
  • What to use when
  • Limitations and advantages of each

WHAT TYPES OF CLAIMS CAN LEAD TO ARREST? WHAT
CONNECTION MUST THERE BE BETWEEN THE DEFENDANT AND THE ARRESTED SHIP?

(UK-derived jurisdictions: UK, Singapore, Hong Kong, Australia, New Zealand)

  • Which claims fall within the admiralty jurisdiction
  • What are the procedural requirements for an arrest?
  • What types of ships can be arrested?
  • How quickly can an arrest be effected?
  • Counter-security requirements
  • The concept of “relevant person” and the required connection between the “relevant person” and the arrested ship

WHAT TYPES OF CLAIMS CAN LEAD TO ARREST? WHAT CONNECTION MUST THERE BE BETWEEN THE DEFENDANT AND THE ARRESTED SHIP? (USA)

  • Which claims fall within the admiralty jurisdiction
  • The doctrine of personification – the ship itself as defendant rather than the “relevant person”

GETTING THE ARREST WARRANT AND HAVING ARREST SET ASIDE

  • How much does the plaintiff have to show to get the ship arrested?
  • What connection must the plaintiff prove between “relevant person” and ship?
  • What must be done to satisfy Constitutional requirements about due process in the USA?

Case studies:

  • On what claims fall within the admiralty jurisdiction<
  • On the degree of connection required for arrest
  • On the strength of claim the plaintiff is required to show to arrest

SURROGATE/ASSOCIATED SHIP ARREST AND RULE B ATTACHMENT

  • When can another ship be arrested to secure a claim against a wrongdoing ship?
    (UK-derived jurisdictions: UK, Singapore, Hong Kong, Australia, New Zealand)
  • When can other property be attached to secure a claim against the defendant?
    (USA)

MARITIME LIENS AND PRIORITIES
• Who gets paid first?
• What is the order of priorities of payment from an in rem fund?
• What maritime liens are recognised?

BANKRUPTCY PROCEEDINGS BY OWNERS AND IMPLICATIONS

  • Knowing the bankruptcy and admiralty law interface points
  • Legal implications in various jurisdictions
  • Conflicts over liens
  • Chapter 15
  • What has the Hanjin case told us
  • The UNCITRAL Model Law on Cross-Border Insolvency, including Singapore’s proposed adoption of it

MISCELLANEOUS ISSUES

  • Claims for wrongful arrest
  • Arresting bunkers
  • Caveats against arrest
  • Caveats against release

Case studies:

  • On surrogate ship arrest
  • On Rule B attachment in the USA
  • On priorities of claim

when & where

23 - 24 Jul 2018

Mandarin Orchard Singapore, by Meritus
333 Orchard Road, Singapore 238867
Tel: +65 6831 6062 | Fax: +65 6737 3130
Mobile No.: +65 8298 9442
Contact Person: Tan Ai Li
Email: aili.tan@meritushotels.com
Website: www.meritushotels.com

On-site & in-house training

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