Maritime disputes can develop quickly and carry significant contractual, commercial and operational consequences. This course provides a practical introduction to the lifecycle of a dispute, from early case assessment and the choice of governing law, jurisdiction and forum to the management of claims, evidence, negotiations and settlement. Participants will explore arbitration, litigation and mediation and learn how to make informed decisions when drafting dispute resolution clauses and responding when a dispute arises.
Discounts
10% group discount is available for registering 3 or more participants from the same company.
What will you learn?
The first day will explain the lifecycle of a maritime dispute and the importance of early case assessment, including preserving evidence, investigating incidents and evaluating legal and commercial risk. Participants will compare arbitration, litigation and mediation, examine governing law and jurisdiction clauses, and consider the factors that influence the choice of forum and dispute resolution method.
The second day will focus on the immediate contractual and practical steps to take when a dispute or claim arises. Participants will assess claims and defences, consider evidence and disclosure strategy, and explore negotiation and settlement, including settlement offers and without-prejudice privilege. A practical shipping case study will bring these elements together and help participants decide whether, and when, to negotiate, mediate, arbitrate or litigate.
Session 1: Understanding Commercial Disputes and Choosing the Right Dispute Resolution Method (90 minutes)
Content Overview:
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Dispute lifecycle: Identify the key steps in a typical London maritime arbitration.
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Early Case Assessment: Learn how to preserve evidence, investigate incidents, assess claims and evaluate legal and commercial risks at an early stage.
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Dispute Resolution Methods: Compare arbitration, litigation and mediation, including their key features, advantages and disadvantages.
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Governing Law and Jurisdiction Clauses: Understand BIMCO’s Law and Arbitration and Mediation/Alternative Dispute Resolution clauses, arbitration agreements, and the enforcement of judgments and arbitral awards across jurisdictions. Compare this with other sample law and jurisdiction clauses, including asymmetric dispute resolution clauses.
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Choosing the Right Forum: Consider the commercial and procedural factors that influence the choice of dispute resolution method.
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Practical case study: Reviewing sample dispute resolution clauses
Session 2: Managing and Resolving Disputes in Practice (90 minutes)
Content Overview:
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Responding to a Dispute: Understand the immediate contractual and practical steps to take when a dispute or claim arises.
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Liability and Exposure: Evaluate the strengths and weaknesses of claims and defences, taking account of legal and commercial risks.
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Evidence and Disclosure Strategy: Review the evidence relevant to a shipping dispute and consider how the disclosure (aka discovery) process is treated under English law.
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Negotiation and Settlement: Assess the impact of settlement on arbitration, including the concept of ‘sealed’ or ‘Part 36’ offers.
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Without-Prejudice Privilege: Understand the role of without prejudice privilege in facilitating negotiations and protecting parties during settlement discussions, as well as its limitations.
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Practical Case Study: Work through a realistic shipping dispute and consider whether (and when) to negotiate, mediate, arbitrate or litigate.
Starting time (for both sessions 1 and 2):
09:00 UTC
10:00 CET
See the time in your local time zone.
How will participation in this course help you achieve your professional goals?
In today’s shipping industry, the ability to assess and manage disputes at an early stage can reduce risk, protect evidence and support better commercial outcomes.
Whether you work in contract management, operations, legal matters or commercial decision-making, this course will help you identify the key legal, procedural and commercial issues in a maritime dispute; evaluate claims, defences and evidence; and choose an appropriate dispute resolution strategy. You will gain a clearer understanding of law and jurisdiction clauses, arbitration agreements, disclosure, settlement offers and without-prejudice negotiations, enabling you to respond more confidently when disputes arise, contribute effectively to negotiations and case strategy, and pursue proportionate, cost-conscious outcomes.
Course materials
BIMCO issues electronic course files as an Adobe PDF file enabling you to make personal notes. All documentation and presentations will be in English. Course access details will be provided a week before the course start date if the registration is completed.
