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Marine Claims Mitigation / Recovery

Course Topics

This two-day, claims-centered program, is presented from a layman practitioner's perspective. By walking the participants through the seven phases of claims handling, it details how best to develop, file, negotiate and settle claims involving marine petroleum cargoes. The following topics are covered:

Definition / Types of Claimable Loss

What Documentation is Necessary for the Claim?

Recognizing Existence of Claimable Loss

What are the Best Recovery / Settlement Options?

Verification / Valuation of Loss

Someone’s Loss is Someone’s Gain?

Establishing Acceptable “Loss Allowance”

Laws Covering Carriage of Goods by Sea

Assigning Responsibility / Allocation of Loss

- Hague/Visby/COGSA/Hamburg Rules/Others

Cargo Reconciliation / Voyage Analysis

Contracts Covering Purchase/Sales:

How Best to Proceed if Loss Exists

- Agreement – GTCs / STCs

Time Bar - Limit - Filing - Refuting Claims

- Charter Parties / INCOTERMS

Documenting / Investigating a Claim

Defense Against a Claim

Reduced Loss – Increased Demurrage?

Recourse if Negotiations Fail:

How to File a Claim / How to Negotiate a Claim

- Litigation / Arbitration / Mediation

The Seven Phases of Claims Handling

Mock Arbitration of Actual Cargo Loss Claims

Program Objective: To provide participants with the tools to be able to recognize whether a contract breach has occurred, and then how to best proceed if it becomes necessary to develop, file, or refute a cargo claim.

Marine Claims Mitigation / Recovery

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