legal-principle-in-shipping-business

LEGAL PRINCIPLES IN SHIPPING BUSINESS

ICS Tutorship

7:38:00

5 (1 reviews)
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Ms. Aufa Karnalkar
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Overview of Legal Principles in Shipping Business

The shipping industry operates within a complex legal framework that governs various aspects of maritime trade, contracts, liabilities, and dispute resolution. Understanding these legal principles is crucial for shipowners, charterers, brokers, and maritime professionals to ensure compliance and mitigate risks.

This comprehensive guide covers:

Introduction to the Law – A foundation on legal systems, sources of law, court structures, and competition law, including the role of European Union regulations in maritime trade.

Contract Law – Key principles of contract formation, breach of contract, force majeure, and remedies, with a focus on shipping agreements.

Tort Law – Legal obligations regarding negligence, duty of care, vicarious liability, and remedies applicable to maritime operations.

Agency Law – Understanding the relationship between principals and agents, including shipbrokers, and the legal framework governing their roles.

Charterparties and Voyage Charters – The negotiation, execution, and legal implications of voyage, time, and bareboat charter parties, including freight, laytime, and demurrage.

Obligations under Time Charters – Key charter clauses, performance claims, hire agreements, and disputes arising in time charter contracts.

Bills of Lading – The legal significance of bills of lading in international trade, their functions, types, and digital evolution.

Carriage Conventions – A study of international conventions like the Hague, Hamburg, and Rotterdam Rules governing cargo transportation.

Dispute Resolution – Methods of resolving maritime disputes, including arbitration, jurisdiction clauses, and mediation.

International Conventions and General Average – An overview of IMO conventions, SOLAS, ISPS, liability frameworks, port state control, oil pollution liability, and general average principles.

This knowledge is essential for professionals seeking to navigate the legal complexities of the shipping industry and uphold international regulations while conducting business effectively. These videos provide all the essential information to help you understand and start your journey towards entering into Commercial Shipping Today.


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Ms. Aufa Karnalkar

Ms. Aufa Karnalkar is a distinguished corporate lawyer and legal educator with a strong academic and professional background in maritime and corporate law. She holds an LLB from Pune and an LLM from Nottingham Trent University (UK), where her dissertation on the need for India to amend its shipping laws—considering recent changes in the UK—earned exceptional distinction.

An Advocate enrolled with the Bar Council of India and an SQE Solicitor candidate, she has several publications in leading legal journals and international conferences.

Alongside her corporate law practice, Ms. Aufa is actively involved in maritime and legal education, sharing her expertise across various platforms to shape the next generation of legal professionals.

Rating:

5 (1 Reviews)


Price:

14999


Language:

English


Length:

7:38:00


Intended for:

Professionals preparing for ICS Examination


Reference:


10 Sections . 20 lectures . 7h 38m total length

10 min

1.1 Ms. Aufa Sample video

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It covers a part of the explanation to help you understand the teaching style and content clarity.
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Free

15 min

2.1 Introduction to Law | Part 1

Topics covered in Introduction to Law By Ms. Aufa Karnalkar

  • Sources of law- Legislation and Equity
  • Types of law- Public law, private law, civil and criminal law
  • Court hierarchy in England
  • Legal jargons
  • International courts- International Court of Justice
  • European Court of Human Rights
  • Judicial Committee of The Privy Council
  • Arbitration
  • Which jurisdiction governs the dispute?

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11 min

2.2 Introduction to Law | Part 2

Topics covered in Introduction to Law By Ms. Aufa Karnalkar

  • Introduction
  • Sources of law
  • Types of law
  • Court Structure
  • European Union Law
  • Competition law
  • Conflict of Jurisdiction

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17 min

2.3 Introduction to Law | Part 3

Topics covered in Introduction to Law By Ms. Aufa Karnalkar

  • Introduction
  • Sources of law
  • Types of law
  • Court Structure
  • European Union Law
  • Competition law
  • Conflict of Jurisdiction

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25 min

3.1 Contract Law | Part 1

Topics covered in this session By Ms. Aufa Karnalkar

  • Essentials of a Contract
  • Express and implied terms in a contract
  • Conditions and warranties of contract, Innominate terms
  • Promissory estoppel
  • Time is of the essence of contract- Meaning and impact on contract
  • Remedies for breach of contract
  • Repudiation and Termination of contract
  • Restitution and liquidated damages
  • Law Reform Frustrated Contracts Act 1943
  • Force Majuere

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12 min

3.2 Contract Law | Part 2

Topics covered in this session By Ms. Aufa Karnalkar 

  • Introduction
  • Formation Of contract
  • Promissory estoppel
  • Voidable contracts
  • Express and implied terms
  • Classification of terms
  • Repudiation of contract
  • Exclusion clauses
  • The doctrine of frustration Of contract
  • Force majeure clauses
  • Special statutory provisions
  • Rernedies for breach of contract
  • Rernoteness of damage

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19 min

3.3 Contract Law | Part 3

Topics covered in this session By Ms. Aufa Karnalkar 

  • Introduction
  • Formation Of contract
  • Promissory estoppel
  • Voidable contracts
  • Express and implied terms
  • Classification of terms
  • Repudiation of contract
  • Exclusion clauses
  • The doctrine of frustration Of contract
  • Force majeure clauses
  • Special statutory provisions
  • Rernedies for breach of contract
  • Rernoteness of damage

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25 min

3.4 Contract Law | Part 4

Topics covered in this session By Ms. Aufa Karnalkar

  • Introduction
  • Formation Of contract
  • Promissory estoppel
  • Voidable contracts
  • Express and implied terms
  • Classification of terms
  • Repudiation of contract
  • Exclusion clauses
  • The doctrine of frustration Of contract
  • Force majeure clauses
  • Special statutory provisions
  • Rernedies for breach of contract
  • Rernoteness of damage

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5 min

3.5 Contract Law | Part 5

Topics covered in this session By Ms. Aufa Karnalkar

  • Introduction
  • Formation Of contract
  • Promissory estoppel
  • Voidable contracts
  • Express and implied terms
  • Classification of terms
  • Repudiation of contract
  • Exclusion clauses
  • The doctrine of frustration Of contract
  • Force majeure clauses
  • Special statutory provisions
  • Rernedies for breach of contract
  • Rernoteness of damage

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42 min

4.1 Tort | Part 1 | Ms. Aufa Karnalkar

Topics covered in this session By Ms. Aufa Karnalkar

  • What is a tort?
  • Definition of Tort
  • Negligence and contributory negligence
  • Duty of care and breach of that duty
  • Remoteness of damage
  • Vicarious liability and Tot in employment
  • Defences
  • Libel and slander
  • Defamation
  • Misrepresentation
  • Tort of conversion

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76 min

4.2 Tort | Part 2 | Ms. Aufa Karnalkar

Topics covered in this session By Ms. Aufa Karnalkar

  • Introduction
  • Common torts
  • Negligence
  • Duty care
  • Breach Of Duty
  • Causation
  • Contributory negligence
  • Remoteness of damage
  • Vicarious liability
  • The Misrepresentation Act 1967
  • Statements of opinion
  • Remedies in tort

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09 min

5.1 Agency

Topics covered in this session By Ms. Aufa Karnalkar

  • What is agency, creation and types
  • The Commercial Agents (Council Directive) Regulations 1993
  • Ratification of agency
  • Renumeration for agency
  • Termination of agency
  • Breach of warranty of authority

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7 min

6.1 Charterparties and Voyage charters

Topics covered in this session By Ms. Aufa Karnalkar

  • Introduction
  • Negotiation of a charter party
  • Voyage charter parties
  • Time charter parties
  • Demise or bareboat Charter parties
  • Analysis of a voyage charter party
  • Freight
  • Dead freight
  • Lumpsurn freight
  • Arrived ship
  • The ship must be ready and in a fit condition to receive the cargo
  • Notice of readiness (NOR)
  • Laytime
  • Demurrage
  • Cesser clause
  • Implied terms in charter parties
  • The incorporation of the Hague or Hauge Visby Rules into charters

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40 min

7.1 Bills of Lading

Topics covered in this session By Ms. Aufa Karnalkar

  • Functions of bill of lading
  • Types of bill of lading
  • Carriage of Goods by Sea Act 1971, Carriage of Goods by Sea Act 1992, Hague Visby Rules
  • Understanding Bills of Lading and how it is different from Charterparty agreement.
  • UCP 600 and obtaining Letters of Credit
  • Way bill and electronic bill of lading, sea waybill Combined transport bill of lading
  • Right of lien

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79 min

8.1 Carriage Conventions | Ms. Aufa Karnalkar

Topics covered in this session By Ms. Aufa Karnalkar

  • Carriage Conventions
  • The Hague Rules
  • Application of the Hagué Visby Rules
  • The operation of the Hague-Visby Rules
  • The Hamburg Rules
  • The Rotterdam Rules
  • Private and common carriers

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8 min

9.1 Dispute Resolution | Part 1 | Ms. Aufa Karnalkar

Topics covered in this session By Ms. Aufa Karnalkar 

  • Arbitration- benefits, procedure, NY Convention, Arbitration Award
  • Mediation
  • Work of admiralty court
  • United Nations Commission on International Trade Law enacted the Convention on the Limitation Period in the International Sale of Goods (Limitation Convention).

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28 min

9.2 Dispute Resolution | Part 2 | Ms. Aufa Karnalkar

Topics covered in this session By Ms. Aufa Karnalkar 

  • Arbitration
  • Choice of law and Juridiction clauses
  • The conduct of an arbitration
  • Arbitration compared With High Court proceedings
  • Mediation

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01 min

9.3 Dispute Resolution | Part 3 | Ms. Aufa Karnalkar

Topics covered in this session By Ms. Aufa Karnalkar 

  • Arbitration
  • Choice of law and Juridiction clauses
  • The conduct of an arbitration
  • Arbitration compared With High Court proceedings
  • Mediation

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12 min

10.1 International Conventions

Topics covered in this session By Ms. Aufa Karnalkar 

  • International Maritime Organization IMO- IMO 4 Pillars, Structure
  • SOLAS Convention
  • ICC Roles for a Combined Transport Document
  • ISM Code
  • Ship arrest and Port state control
  • Other important Maritime Conventions

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17 min

10.2 General Average

Topics covered in this session By Ms. Aufa Karnalkar 

  • Introduction
  • The international Maritime Organization (IMO)
  • International conventions
  • ICC Roles for a Combined Transport Document
  • UNCTAD/ICC Rules for Multi-Modal Transport
  • Athens Convention
  • Safety ofLife at Sea Convention (SOLAS) 1976
  • International Safety Management Code (ISM Code)
  • The international Ship and Port Facilities Security (ISPS) Code
  • Port State Control
  • Ownership of Ships
  • Oil pollution
  • International Convention on Civil Liability for Pollution Damage Caused by Bunker Oil 2001
  • "International Convention On Liability and Compensatibn for damage in connection with the carriage of Hazardous and Noxious Substances by Sea 1996
  • The HNS Convention 1996 and2010 Protocol
  • The HNS Convention 2010"
  • The Arrest Conventions 952 and 1 999
  • General average
  • The Amended Jason Cause

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