Maritime Law And Arbitration

 Maritime Law And Arbitration - Join Hon. John G. Ingram (Ret.) as he provides an overview of admiralty law that will benefit both novice and experienced practitioners. In addition, it will identify several types of disputes where Alternative Dispute Resolution can be useful, as well as how the use of ADR can be effective in resolving disputes involving maritime law.

Judge Ingramis is recognized as one of the nation's foremost authorities on admiralty law. His distinguished career as a litigator and maritime litigator includes the successful handling of hundreds of cases representing container shipping companies, cruise ship owners, terminal operators, passengers and port workers, dock pilots and the Port of Albany. As a litigator, he represented seafarers in numerous United States Coast Guard investigations. As Commissioner of Pilots, he conducted and tried numerous inquests involving maritime casualties.

Maritime Law And Arbitration

Judge Ingram has a wide range of knowledge in a wide range of maritime matters including cargo damage, charter party disputes, collision litigation, towing, cruise ship passenger claims, foundations, Jones Act/unseaworthiness and claims for personal injuries of long port employees. among others. A strong proponent of Alternative Dispute Resolution, he is known for his patient, fair and impartial manner when working with parties to resolve their cases.

Pdf) Maritime Arbitration Among Past, Present And Future

Judge Ingram has taught Admiralty Law at New York Law School and at St. John's Law School.

Some of these cookies are essential, while others help us improve your experience by providing insight into how the site is used. For more detailed information on the cookies we use, please check our Privacy Policy.

Necessary cookies enable basic functionality. The website cannot function properly without these cookies and can only be disabled by changing your browser preferences.

We use some social sharing plugins to allow you to share certain pages of our website on social media. These plugins place files that allow us to track users across different websites that use these plugins to share and deliver more meaningful content. It is our great pleasure to announce that the famous International Maritime Law Moot is now coming to the UK and Wales (Swansea) in the current academic year (1-6 July 2023)!

Maalouf Ashford & Talbot Named Law Firm Of The Year For 2021 In 13 Countries And In Multiple Categories

We will be delighted to host submission teams from all over the globe at HRC Swansea Law School! This promises to be great and how fitting that the main partner is the Institute of International Shipping and Trade Law – a global leader in maritime and trade law education and training!

We hope that universities from all continents will submit a team and details of the event can be found:

The preliminary rounds will take place in Swansea with the final in London. The awards ceremony will be held at the HFW offices (in London) on 6 July.

Exists as a specialist research and professional training center within the Swansea University School of Law, promoting research and teaching of the highest standards in international transport and trade law, fostering collaboration with other academic and professional institutions, commercial, shipping, insurance and business organizations. Over the past decade, he has earned a worldwide reputation for his contributions to research, policy making, professional training and teaching in the fields of transport and commercial law. View all posts by A maritime lawyer, also known as an admiralty lawyer, deals with legal issues arising from United States maritime law. Maritime lawyers operate differently from other land-based lawyers. This uniqueness comes from the special nature of maritime disputes. Ships, cargo and people move by ship from one place to another - often in and out of jurisdictions across the country. Maritime law has evolved over the centuries to address the needs of ship owners, crew members, cargo owners, port operators and other entities operating on the water.

Arbitration For Settling Maritime Disputes

Maritime law is a broad set of statutes, procedures, common law principles and rules governing maritime disputes. There are many sources of maritime law, such as the US Constitution, centuries of common law, federal statutes, international conventions, and sometimes state law. A key component of maritime law is the concept of "uniformity", sometimes called "admiralty uniformity". Congress and many of the nation's courts encourage the application of maritime law to be uniform throughout the country.

Maritime lawyers are specialists, meaning they have unique experience and education in maritime law. Many maritime lawyers will only handle maritime matters. Because maritime law must be uniform in both state and federal courts, maritime lawyers tend to handle cases in wide geographic areas. Sometimes, maritime lawyers even team up with general counsel who have a maritime component to a pending case.

While maritime law is itself a lawyer specialty, maritime lawyers still develop niches within the field. Some examples of cases handled by maritime lawyers include:

The statistics are clear: Working, traveling and recreating on the water can be dangerous. The Coast Guard reports that in 2020 alone, there were 3,191 injuries and 767 deaths as a result of 5,265 recreational boating accidents. And despite high safety standards for professional sailors, on-the-job injuries remain among the most common in the country. For example, the Centers for Disease Control and Prevention published data showing an average of 117 deaths per 100,000 commercial fishermen versus an average of four deaths per 100,000 workers among all other US occupations. Getting food? The shipping industry produces many injuries. Typical issues handled by marine personal injury attorneys include:

Arbitration And Litigation

Compensation for damages under maritime law differs between professional mariners and passenger/pleasure boaters. Cases of injury to crew members may include:

Injured ship passengers have no claims under the Jones Act, unseaworthiness, or maintenance and recovery. Instead, they have a claim under general maritime law for negligence. Negligence under maritime law is similar to negligence under most state laws. The elements are obligation, breach, cause and damage. Shipowners owe their passengers a duty of reasonable care under the circumstances. If they breach that duty and passengers suffer injuries, an insurance company or a court may find the shipowner liable.

Maritime law covers individuals injured aboard vessels on most commercial waterways, while state law covers most injuries sustained ashore. But what about the amphibious workers who service the ships at the dock and load/unload cargo? Are they salty or not? To bridge the gap between marine and non-marine workers, Congress passed the Longshore and Harbor Workers' Compensation Act (LHWCA), administered by the United States Department of Labor, which covers most amphibious workers. Like employees under most state workers' compensation regimes, longshoremen cannot sue their employers for workplace injuries. However, LHWCA workers may have the right to sue negligent third parties, including the shipowner under LHWCA section 905(b). In narrow circumstances, section 905(b) may also allow a limited claim against an employer acting as a shipowner. This is a complex area of ​​law.

It is often said in the shipping sector that 90 percent of everything moves by ship. Simply put: That's a lot of stuff on the ship. And a lot of stuff on board means a lot of property damage claims when things go wrong. The cargo may fall from a height or pass into the sea; one can handle it at the wrong temperature or set it on fire. The result is a claim for compensation by the cargo owner against a ship operator or charterer. Maritime lawyers handle these disputes using statutes such as:

International Maritime Group, Pllc

Congress enacted COGSA in 1936 to incorporate the Hague Rules into United States law. It regulates the rights and responsibilities of the cargo owner and the ship owner. COGSA provides several legal protections to a common carrier. It may also limit the carrier's liability to $500 per package if the shipment is damaged while in the carrier's control. COGSA applies only to shipments of cargo to/from the United States.

The Harter Act was passed in 1893 and was later limited in application by COGSA. The Harter Act applies to the transportation of goods between United States ports. With a few key exceptions, the Harter Act works much the same as COGSA. This is another complex area of ​​the law.

Certain types of contracts are subject to maritime law and maritime lawyers deal with them. Examples include charter parties (ship charters), ship mortgages, ship repair contracts, docking agreements and seamen's employment contracts. Forum selection clauses, choice of law provisions and arbitration agreements are common issues in maritime contract disputes.

Environmental pollution caused by ships is a complex and sensitive subject under US maritime law. While maritime lawyers often oversee these cases, the scope of the applicable laws is broad. Relevant statutes may include MARPOL (International Convention for the Prevention of Pollution from Ships); Clean Water Act; Oil Pollution Act of 1990; Law on Maritime Protection, Research and Health; Resource Conservation and Recovery Act; and other state laws.

The International Maritime Law Arbitration Moot

Also read: What does it take to become a paralegal? Do you want to make a positive impact on the lives of others? Are you interested in studying law but don't want to attend law school... When to hire a maritime attorney

Maritime lawyers serve clients from every aspect of the marine

Arbitration law, construction law and arbitration, singapore maritime arbitration, arbitration law firms, london maritime arbitration, international arbitration law firms, maritime law, international maritime arbitration, arbitration definition law, family law arbitration, maritime arbitration law, maritime arbitration