Intensive Certificate Course on Law & Practice of Marine Insurance (11-16 August, 2014)

Transcription

1 Intensive Certificate Course on Law & Practice of Marine Insurance (11-16 August, 2014) (Information Brochure) Marine Cargo Insurance Marine Hull Insurance Protection & Indemnity Insurance Gujarat National Law University, Atalika Avenue* Knowledge Corridor, Koba, Gandhinagar (Gujarat), INDIA Website: contact@gnlu.ac.in Phone No. : /

2 Concept Note: Marine Insurance has been an indispensable factor in the development and growth of world trade from early times to the present day. Concepts of modern Marine Insurance can be found in the in ancient literary works of ancient India. References to Bottomry (loans given at high rates of interest on the condition that the load with the interest would be waived off in the event the ship was lost at sea), can be found in the writings of Manu in the Manusmrithi. Concepts of pooling of resources which were in times of natural or man-made calamities re-distributed to mitigate loss and suffering are referred to in Yagnavalkya s Dharmashatra while concepts of maritime salvage are mentioned in Kautilya s Arthashastra. There are reference to the concepts of sacrifice of a few for many in a maritime adventure now called General Average, in the Thirukkural (an ancient Tamil epic). Hundreds of general and life insurance companies were nationalised in 1972 under The Life Insurance Corporation of India and the General Insurance Corporation of India. The Malhotra Committee in 1994 recommended changes to make Insurance more competitive consequent to which the Insurance Regulatory and Development Authority was set up in 2000, soon after which privatisation of the Indian Insurance Industry became a reality. Marine Insurance is a very specialized portfolio of the general insurance industry as its practice is glaringly difference from that of non-marine insurance. Since nationalization of the insurance industry there has been a shift from specialization to generalization with job rotations being the preferred method of career development of insurance personnel. This has however eroded domain expertise which is an indispensable ingredient in marine insurance. Unlike other general insurance portfolios, marine insurance has the Marine Insurance Act as its governing statute. Thus, the marine insurance policies are subject to both the wordings attached to the policy as well as the provisions of the statute. Aim: To provide participants with an overview of the concepts of marine insurance law and practice pertaining to ships, marine transportation of cargoes, freight and marine liabilities, illustrating the same with practical examples, supplemented with Case Law.

3 Course Objectives: To trace the history and development of marine insurance and the shipping industry from ancient times to the present day in general, and in particular to dwell on present the Indian scene and compare it with international law and practice of marine insurance. To describe the process of Risk Management based on ISO 31000:2900 with relevance to its application in the shipping and insurance industries, with specific reference to the operation of ships, carriage of goods by sea, port infrastructures and associated activities. To explain the process of purchasing marine hull insurance, marine cargo insurance, protection & indemnity insurance with specific reference to and the respective duties and responsibilities of the proponent such as shipowners, cargo owners, port authorities, as well as insurance brokers, marine insurers and reinsurers. To examine underwriting considerations, premium rates, terms of cover, express warranties, deductibles and also the various insurance policies covering ships, cargoes, freight and marine liabilities in the context of the Marine Insurance Acts 1906 / To highlight marine insurance claims processing and describe the duties and responsibilities of the assureds, brokers, claims adjusters, claim settling agents, surveyors / loss assessors, average adjusters, claims consultants and recovery agents. To explore issues relating to marine insurance claims disputes, analyse their causes and consequences and discuss on their prevention and effective resolution, despite the absence of alternative dispute resolution clauses in marine insurance contracts. To debate the challenges and concerns that face the marine insurance in India with a view to evolve innovative solutions that create a win-win relationship between all parties to a marine insurance contracts. To create a forum for discussions among the different stakeholders participating in the Course for greater understand and appreciation of different interests of all parties and the need for a proactive approach to solve existing issues in marine insurance practice. Duration: Monday 11 August - Saturday 16 August Daily four lectures, each of 1.15 hours (with break) Pedagogy: Interactive Lecture Presentation, Case Studies and Group Discussions. Where appropriate, Role Playing will supplement the Lecture Presentations. Each participant will be required to undertake self-study of Course Documentation, which would include an Integrated Case Study, prior to commencement of the course. Eligibility: Maximum participants from the Insurance, Shipping, Ports and related Indus-

4 Course Modules: Day 1 Monday 11 August 2014 Inauguration Module 1 Overview of Risk Management Module 2 Practical Issues of Risk Management Module 3 Overview of the Shipping Industry Module 4 Practical Issues of the Shipping Industry Day 2 Tuesday 12 August 2014 Module 5 Overview of Marine Insurance The Marine Insurance Acts 1906/1963 Module 6 The Marine Insurance Markets India & Abroad Module 7 Role and Function of various Parties in the Insurance Industry Module 8 Practical Issues of the Insurance Industry Challenges and Concerns Day 3 Wednesday 13 August 2014 Visit to Mundra (Adani) Port Day 4 Thursday 14 August 2014 Module 9 Overview of Carriage of Goods by Sea / Rivers in India Module 10 Statutes governing Carriage of Goods by Sea / Rivers in India Module 11 Contracts governing Carriage of Goods by Sea / Rivers in India Module 12 Practical Issues Carriage of Goods by Sea / Rivers in India Day 5 Friday 15 August 2014 Module 13 The Parties Involved Duties and Responsibilities Module 14 Underwriting of Hull & Machinery and Protection & Indemnity Insurances Module 15 Details of Cover under various H&M Policies Module 16 Claims Procedures, Dispute Prevention and Dispute Resolution Day 6 Saturday 16 August 2014 Module 17 Claims and related documentation Module 18 Dispute Prevention / Resolution Module 19 Group Presentations of Integrated Case Module 20 Feedback from Participants / Valediction/certificate distribution Reference material: Each candidate will be provided with reading material consisting of research papers, articles, reports and case-law abstracts and copies of all the Presentation Slides. Evaluation: Pattern of examination (Daily evaluation through multiple choice questions). In addition, the Participants will be dived into groups and each group will make a presentation of the Integrated Case Study.

5 Course Fee: INR 20,000/350 USD (*Fee including registration, lodging on sharing basis, boarding, tuition fee, study material, cultural visits, exams, meals and refreshments for six days & access of online legal databases like West Law, Manupatra, J-store, Heinonline, Cambridge University Publication E Books, Oxford University Publication E Books, Oxford University Publication E Reference Books World Bank Ebooks, and the legal database software of AIR, GLH and GLR) Last Date of registration : 30 July 2014 Modes of payment: Demand draft in favour of GUJARAT NATIONAL LAW UNIVERSITY payable at Ahmedabad or through online mode as follow: Name of the Payee : GUJARAT NATIONAL LAW UNIVERSITY Name of the Bank: Corporation bank, Udyog Bhawan, Sector- 11, Gandhinagar Branch Code Number: 583, Bank Account Number: Type of bank account : Saving Bank Account, MICR code of the bank: ESC/RTGS/NEFT/CBS/Code: IFC Code: RTGS IFC CODE: CORP Faculty / Programme Facilitator: The Course would be facilitated by Prof. Anthony W.J. Fernandez, Risk Management Consultant & Consulting Average Adjuster, Mediator and Adjudicator of Marine Insurance Claims, who has over 49 years of experience in the Shipping Industry of which more than 36 years have been spent in the Marine Insurance matters. Facilities: A state-of-art modern world class fully IT equipped (Wi-Fi enabled) 50 acres university campus with residential facilities, sports complex, excellent library and online research services, conference halls, 15 minutes away from Ahmedabad international airport (1 hour air flight from Delhi or Mumbai); recreational facilities in the surrounding region.

6 About GNLU: Gujarat National Law University (GNLU), Gandhinagar, ( one of the premier national law universities of India was established under the Gujarat National Law University Act, 2003, a statutory legislation passed by the Government of Gujarat. The main objective of GNLU is to advance and disseminate learning and knowledge of law and legal processes and their role in national development. GNLU has emerged as an excellent Centre for, Teaching, Research, Training and Extension activities. GNLU is also a nodal agency, mandated to enhance standards of legal education, in 32 law colleges of Gujara), catering nearly 12,000 students every year. GNLU is the only national law university which offers integrated law degree in five areas - B.A., LL.B. (Hon.), B.Com., LL.B. (Hon.), B.Sc., LL.B. (Hon.), B.B.A., LL.B. (Hon.), B.S.W., LL.B, two years LL.M. and Ph. D. in laws and inter-disciplinary fields as well as number of diploma, certificate, short term courses. Academy of International Law. GNLU and Maritime Law: In the field of Maritime laws GNLU has successfully conducted Global Maritime Security and Anti Piracy Conference in 2011 and witnessed the presence of the delegates from 35 countries. GNLU has conducted number of training courses for the officers of Indian Navy, Indian Coast Guard, Police officers of different states, Reserve police forces and Maritimes Boards of different states. GNLU has also conducted the prestigious 2013 external program of Hague Academy of International law in November, 2013 on the theme of Stability and Change in the Law of the Sea: Challenges in the 21 st Century. For further information kindly write to : gmic2014@gnlu.ac.in or contact Mr. Sushil Goswami Assistant Professor of Law Ph sgoswami@gnlu.ac.in Mr. Sanjeet Ruhal Research Fellow (Law of the Sea and Maritime Law) Ph sruhal@gnlu.ac.in