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.