1st advanced seminar on international maritime law … advanced seminar on international... ·...

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11-15 May, 2015Athens, Eugenides Foundation379, Leoforos Siggrou, Palaio Faliro 17564

Advanced Seminaron International Maritime Law 1st

In cooperation with:

University of Athens (School of Law),University of Swansea (UK), University of Oslo (NO)and Dalian Maritime University (CN)

Key Speakers:Professor Erik ROSAEG, University of OsloProfessor Henrik RINGBOM, University of OsloProfessor Andrew TETTENBORN, University of SwanseaProfessor Simon BAUGHEN, University of SwanseaAssoc. Professor Theodora NIKAKI, University of SwanseaDr. Manolis KONSTANTINIDIS, Attorney at Law, LL.M., Ph.D.Professor Richard WILLIAMS, University of SwanseaProfessor Baris SOYER, Director of the Maritime Institute, University of SwanseaAss. Professor Dimitrios CHRISTODOULOU, Athens School of LawElina SOULI, Assistant Vice President/ Lawyer-Skuld Hellas LtdAssoc. Professor Lia ATHANASSIOU, Athens School of LawProfessor Beiping CHU, Head of Dalian Maritime University (Law School), ChinaAssoc. Professor Yuechuan JIANG, Dalian Maritime University, ChinaProfessor Dr. Olivier CACHARD, University of Nancy, France

www.nb.org | www.nbcongress.gr

Ass. Professor Dimitrios CHRISTODOULOUDimitrios Christodoulou is an Assistant Professor at the Law Faculty of the University of Athens. He has obtained LL.M. degrees from Temple University School of Law and New York University School of Law, as well as a Ph.D. from the University of Southampton, where he worked as researcher for the Law Faculty’s Institute of Maritime Law. He has made a series of publications in the fields of commercial and insurance law, whereas he has also taken part in many international projects and conventions, such as, among others, the UNCITRAL Working Group IV on the draft-ing of the Model Law on the electronic Bill of Lading.

Elina SOULI Assistant Vice President/ Lawyer-Skuld Hellas Ltd She holds a LLB from Aristoteleion University of Thessaloniki and an LLM from University of Southampton. She is a member of the Athens Bar Association as well as a Solicitor admitted in England and Wales. She has trained as a maritime lawyer in a Piraeus shipping firm before joining Skuld Greek office where she has been handling P&I and FD&D disputes over the last 16 years.

Within her role she has handled a wide range of complex P&I and FD&D cases with particular focus on big casualty cases having acquired special training on crisis response and managing of marine emergencies. She is a member of the Chartered Institute of Arbitrators (CIArb) and has participated in various seminars addressed to maritime professionals.

Assoc. Professor Lia AthanassiouLia I. Athanassiou is an Associate Professor of Commercial Law with senior full-time tenure at the Law School of the University of Athens, teaching mainly Shipping Law, Company Law and Competition Law and elected member of the Deanship Council of the Law School. She holds a PhD Degree at the University of Paris I-Panthéon-Sorbonne as well as authorization by the University of Paris I-Sorbonne to supervise University research. Visiting Scholar – Har-vard Law School (2007-08), Fulbright Scholar (2007-08) member of the Hellenic Competition Commission (2003-08), Vice-President of the Hellenic Association of Maritime Law, President of the Organizing Committee of the Interna-tional Conference of Maritime Law, held in Piraeus every 3 years. She has lectured and effectuated academic re-search in several foreign Institutions. Barrister at law entitled to plead before the Supreme Court with experience in consulting and arbitration. Registered arbitrator at the Hellenic Shipping Chamber. Member of Legislative Commit-tees on various commercial law issues. She has published extensively on Maritime, Competition, Industrial Property, Company, European and Transport law. Participation in and organization of numerous international and national Conferences and Congresses. Among the more recent books and monographs, “Competition and Regulation in Shipping and Shipping Related Industries”, ed. by A. Antapassis, L. Athanassiou & E. Rosaeg, Martinus Nijhoff, 2009 (in English), “Shareholders’ activism and corporate monitoring”, Athens 2010, p. 423(in Greek) by L. Athanassiou, Intel-lectual Property – Greece, Kluwer 2014 (in English), by D. Kallinikou, L. Athanassiou, Ch. Cryssanthis.

Professor Beiping CHU, LLM (DMU), Ph.D (DMU)Prof. CHU Beiping is a professor and doctoral supervisor of Law School of Dalian Maritime University (DMU), whose lecture is mainly on marine insurance law, international maritime arbitration, ship collision law and shipping law.

Prof. Chu is now the Dean of DMU Law School, Deputy Secretary General and Executive Director of China Insurance Law Association, Director of Institute of Marine Insurance Law of DMU, Supporting Member of London Maritime Arbitrators Association (LMAA), Member of the Singapore Chamber of Maritime Arbitration (SCMA), Member of China Maritime Arbi-tration Commission (CMAC) Panel of Arbitrators, Member of China International Economic and Trade Arbitration Commis-sion (CIETAC) Panel of Arbitrators and Member of Dalian Arbitration Commission of PRC Panel of Arbitrators.

Prof. Chu has also written eight books and published more than thirty papers on maritime law.

Assoc. Professor JIANG YuechuanProf. JIANG Yuechuan graduated from Dalian Maritime University with a B.Sc. degree in Maritime Adminis-tration. After 4 years of work in shipping industry, he obtained a Master of Laws degree and a PhD degree in Maritime Law from Dalian Maritime University. He is now an associate professor at the DMU Law School and serves as the director of the Maritime Law Department. Prof. JIANG is specialized in laws on carriage of goods by sea, bill of lading, charter parties, general average and oil pollution. He was qualified as a PRC lawyer in 1999.

Professor Dr. Olivier CACHARDEmeritus Dean of the Faculty of LawHead of the International and European Business Law programwww.lexmaritima.net

Professor Dr. Cachard graduated in 1997 at Université Paris Panthéon-Assas, where in 2001, he obtained his Phd cum laude for his doctoral thesis. After his success at the agrégation de droit privé, he was appointed Tenured Professor of Law at the Faculty of Law of Nancy in 2003. He lectures in International Arbitration Law, Admiralty and Transportation Law and Conflict of Laws. Olivier has held visiting appointments in several Universities such as Case Western Reserve, Heidelberg University or Rikkyo University (Tokyo). He was invited as a Director of Studies for the 2009 session at the Hague Academy of International Law and has lectured in Aircraft Passenger Transportation at the 2014 session Oliver is an active arbitrator in international commercial disputes and in admiralty law disputes. He takes regular appointments as an arbitrator under the ICC Rules and under those of the Chambre Arbitrale Maritime de Paris,. He is a Member of the board of the Association française de droit maritime and a Member of the Maritime Cluster of Luxembourg. His research interests lie in shipping and transportation law, commercial law, and conflict of laws. In the English language, he has recently published Luxembourg Maritime Code, Editions larcier-Promoculture, 2014 and Maritime Arbitration under the ICC Rules of Arbitration, ICC International Court of Arbitration Bull, Vol. 22, 1, 2011. In the French language he has published casebooks in International Private Law (2014) and International trade law (2011).

Advanced Seminar on International Maritime Law1st

11-15 May, 2015, Athens, Eugenides Foundation

MONDAY, 11 MAY 2015

Morning Session: Maritime claims & EU Law09:30- 9:45 Welcome address

Prof. D. Kallinikou, Dean, Athens School of Law Assoc. Prof. L. Athanassiou, Athens School of Law

09:45-10:30 General Introduction to EU Law in the field of Maritime Law Prof. E. Rosaeg, University of Oslo, Prof. H. Ringbom, University of Oslo

10:30-11:15 Limitation of Liability for Maritime Claims Prof. E. Rosaeg, University of Oslo

11:15-11:45 Coffee Break

11:45-12:30 Pollution Liability Regimes Prof. H. Ringbom, University of Oslo

12:30-13:30 Jurisdiction & Conflict of Laws Prof. E. Rosaeg, University of Oslo, Prof. H. Ringbom, University of Oslo

Afternoon Session: Maritime claims & EU Law15:00 -16:00 Introduction to Passenger Claims & Athens Convention Prof. E. Rosaeg, University of Oslo


16:30-17:30 EU Regulation 392/2009 and Related EU Law Complications (HR) Prof. H. Ringbom, University of Oslo

TUESDAY, 12 MAY 2015

Morning Session: Cargo claims09:30-10:30 Sea-way Bills Prof. A. Tettenborn, University of Swansea

10:30-11:30 Incorporation of charterparty clauses with specific reference to EEMS Solar on FIOS clauses and Channel Ranger on jurisdiction/arbitration clauses

Prof. S. Baughen, University of Swansea


12.00-13.00 Main changes brought by Rotterdam Rules Assoc. Prof. T. Nikaki, University of Swansea

Afternoon Session: Cargo claims - Charterparties14:30-15:30 Potential Impact of Rotterdam Rules on Shipowners Assoc. Prof. T. Nikaki, University of Swansea

15:30-16:30 Interpretation and implementation of main charter party clauses (1): Off-hire and indemnity clauses

Dr. M. Konstantinidis, Attorney at Law, LL.M., Ph.D.


16:30-17:30 Interpretation and implementation of main charter party clauses (2): Laytime-demurrage-detention

Dr. M. Konstantinidis, Attorney at Law, LL.M., Ph.D.

WEDNESDAY, 13 MAY 2015

Morning Session: Claims under Charterparties09:30-10:30 Shipowners’ remedies post withdrawal Prof. S. Baughen, University of Swansea

10:30-11:30 Letter of Indemnity Prof. R. Williams, University of Swansea


12:00-13:00 Damages for breach of Charterparties Prof. B. Soyer, University of Swansea

Afternoon Session: Claims under Charterparties14:30-15:30 Paramount Clauses Prof. R. Williams, University of Swansea

15:30-16:30 Right to freight, assignment and interception Prof. A. Tettenborn, University of Swansea

16.30-17:00 Coffee Break

17:00-18:00 Bareboat Charters Assoc. Prof. T. Nikaki, University of Swansea

THURSDAY, 14 MAY 2015

Morning Session: Claims and Marine Insurance09:30-10:30 Fraudulent Claims Prof. B. Soyer, University of Swansea

10:30-11:30 The duty of disclosure and its statutory development Ass. Prof. D. Christodoulou, University of Athens


12:00-13:00 Losses and Measure of Indemnity Ass. Prof. D. Christodoulou, University of Athens

Afternoon Session: Marine Insurance (cont’d) - Maritime claims in Bankruptcies14:30-15:30 P & I Insurance: Risk evaluation and claims handling E. Souli, Assistant Vice President/ Lawyer-Skuld Hellas Ltd

15:30-16:30 The opening of maritime bankruptcies: the “Center of main interests” of a shipping company

Assoc. Prof. L. Athanassiou, University of Athens


17:00-18:00 Maritime creditors in rem in cross-border bankruptcies Assoc. Prof. L. Athanassiou, University of Athens

FRIDAY, 15 MAY 2015

Morning Session: Claims under Chinese Law09:30-10:30 Main features of Chinese Maritime Law Prof. B. Chu, Head of Dalian Maritime University (Law School), China

10:30-11:30 Enforcement of maritime claims in China Assoc. Prof. Y. Jiang, Dalian Maritime University, China


12:00-13:00 The role of China in internal shipping Prof. B. Chu, Head of Dalian Maritime University (Law School), China Assoc. Prof. Y. Jiang, Dalian Maritime University, China

Afternoon Session

15.00-15:30 Practical issues and obstacles on maritime arbitration proceedings Prof. Dr. O. Cachard, University of Nancy, France

15:30-18:00 International Maritime Law Moot Arbitration Arbitrators: Mr. P. Avrameas, Prof. O. Cachard, Prof. A. Tettenborn

Claimants: Valsami Aggeliki (Head), Kanavou Krystallia, Mpampaletaki Eleni, Katsiapi Christina-Kalliopi, Christopoulou Antonia, Manousou Anastasia, Pavlopoulou EfthymiaClaimants coached by Dr. A. Tsavdaridis, Rokas & Patners Law Firm

1st respondent: Stavrakidis Triantafyllos (Head), Sarigala Aggeliki, Nikolaidi Iliana, Melekou Eleni, Panoutsopoulou Marilina

2nd respondent: Stavrakidis Triantafyllos (Head), Kepesidi Argiro, Stamatis Christos, Ntentidakis Antreas

Respondents coached by Antapassis-Albouras-Assanakis Law Firm

Professor Erik RosaegErik Rosaeg is Professor of Law at the University of Oslo, whereby he obtained both his LL.M. and Ph.D. degrees. He currently teaches at the Scandinavian Institute of Maritime Law and he is a member of the Norwegian Maritime Law Commission. He has participated in many international projects and has made an extensive series of publications in the field of Maritime law. Among others, he participated in the drafting process of the Athens Convention on Passenger Liability as well as the Rotterdam Rules on carriage of goods and the HNS Convention on the liability for hazardous and noxious substances.

Professor Henrik RingbomHenrik Ringbom is a part-time Professor at the Scandinavian Institute of Maritime Law at the University of Oslo and Adjunct Professor in maritime law and the law of the sea at Åbo Akademi University. He is also the owner/manager of Marilaw Ab, a law firm/consultancy based in Mariehamn, Åland, Finland. He has worked for the European Com-mission in Brussels, whereas he was also a Research Fellow with the Scandinavian Institute of Maritime Law, Oslo, as well as Head of the Unit for Environment, Training and Statistics at the European Maritime Safety Agency (EMSA) in Lisbon. His main research interest is the relationship between EU maritime law and international law. His most recent publications are Maritime Liability and Compensation in EU Law’, in B. Soyer & A. Tetterborn (eds.): Pollution at Sea: Law and Liability, Informa, London, 2012, Global Problem – Regional Solution? – International Law Reflections on an EU CO2 Emissions Trading Scheme for Ships’, The International Journal for Marine and Coastal Law, 26 (2011).

Professor Andrew TettenbornProfessor Andrew Tettenborn joined Swansea Law School and the Institute of International Shipping and Trade Law in 2010 having previously taught at the universities of Exeter (Bracton Professor of Law 1996-2010), Nottingham and Cambridge. Professor Tettenborn is a well-known scholar both in common law and continental jurisdictions. He has held visiting positions at Melbourne University, the University of Connecticut and at Case Law School, Cheveland, Ohio. He is author and co-author of books on torts, damages and maritime law, and of numerous articles and chap-ters on aspects of common law, commercial law and restitution (among his most recent publications: Ed., Carriage of Goods by Sea, Land and Air: Unimodal and Multimodal Transport in 21st Century, 2013, Ed., Pollution at Sea: Law and Liability, 2012, Bills of lading, Multimodal Transport Documents, and Other Things published as Chapter 7 in Carriage of Goods by Sea, Land and Air: Unimodal and Multimodal Transport in 21st Century, 2013, pp. 126-144).

Professor Simon BaughenSimon Baughen is a Professor of Shipping Law at the School of Law at Swansea University. He studied law at Oxford and practiced in maritime law for several years before joining academia. His research interests lie mainly in the field of shipping law, but also include the law of trusts and the environmental law implications of the activities of multinational corporations in the developing world. His book on Shipping Law, has run to five editions and is already well-known to academics and students alike as by far the most learned and approachable work on the subject. Furthermore, he is now the author of the very well-established practitioner’s work Summerskill on Laytime. He has an extensive list of publica-tions to his name, including International Trade and the Protection of the Environment. He has also written and taught extensively on commercial law, trusts and environmental law.

Assoc. Professor Theodora NikakiDr. Nikaki is an Associate Professor at the School of Law at Swansea University. She obtained her PhD degree in Carriage of Goods by Sea and Transport Law in the UK, whereas she also obtained an LLM degree in Admiralty and Maritime Law from Tulane Law School (New Orleans, USA) with distinction, as well as an LLM in Commercial and Economic Law from the Aristotle University of Thessalonica. Her principal research interest is in the field of carriage of goods by sea, but her interests extend to private international law and multimodal transport. She is an active researcher and has published in several significant journals such as The Journal of Business Law, the Journal of Mari-time Law and Commerce, the Berkeley Journal of International Law and Tulane Maritime Law Journal.

Dr. Manolis KONSTANTINIDIS, Attorney at Law, LL.M., Ph.D.Dr. Manolis Konstantinidis works as an in-house lawyer in a ship management company located in Greece which manages more than 50 vessels on average. Currently he is the manager of the Legal Department thereat and he mainly deals with charterparty disputes, which are in principle arbitrated at LMAA, and cargo claims, but as well as some S&P, shipbuilding contracts and corporate financing matters/ disputes. He obtained a PhD from the Law School of the University of Thrace and a LL.M. in Maritime Law from the University of Southampton. His research interests include carriage of goods by sea, bills of lading, admiralty law, limitation of liability and general average. He

is a member of the Piraeus Bar Association and a supporting member of the LMAA.

Professor Richard WilliamsRichard Williams is a Professor at the School of Law at Swansea University In practice he specialized in charter parties and bills of lading and was regularly recognised in the professional press as one of London’s leading practitioners. For many years he was Head of the firm’s Chartering and Dry Shipping Group and he retains a consultancy position with his former firm.. He was also recently appointed to serve on the Rotterdam Rules Consultative Committee, which was established by the UK Department for Transport. He is co-author with Patrick Griggs, ex-president of the Committee Maritime International, of ‘Limitation of Maritime Liability’, 4th ed (2005, LLP Ltd) and has published many articles and book chapters on various aspects of charter parties and bills of lading.

Professor Baris SoyerProfessor Soyer was appointed a lecturer at the School of Law, Swansea University in 2001 and was promoted to readership in 2006 and professorship in 2009. He is the Director of the Institute of Shipping and Trade Law at the School of Law, Swansea since 2010. He was a lecturer at the Universities of Exeter and Southhampton, whereby he obtained his Ph.D. degree. His principal research interest is in the field of insurance, particularly marine insurance, but his interests extend broadly throughout maritime law and contract law. He has made a series of publications in the fields of maritime and insurance law (Carriage of Goods by Sea, Land and Air, xIv + pp. 430, Informa Routledge, 2013, B. Soyer and A. Tettenborn (Ed.), Offshore Contracts and Liabilities, xl + pp 474., Informa Law, 2014, B. Soyer & A Tettenborn Editors).