SYMPOSIUM PROGRAMME

Saturday 28 September 2013

10.00-16.30Judicial Sale of Ships - Meeting of CMI International Sub Committee
10.00-16.30York Antwerp Rules, 2004 - Meeting of CMI International Sub Committee
13.00-14.30Lunch at nearby pub


Sunday 29 September 2013

09.30-16.30Executive Council Meeting #1
10.00-16.30Judicial Sale of Ships - Meeting of CMI International Sub Committee
10.00-16.30York Antwerp Rules, 2004 - Meeting of CMI International Sub Committee
13.00-14.30Lunch at nearby pub
14.00Delegate Registration Open
17.00Reception for NMLA Presidents
18.00Opening Reception - The Shelbourne Hotel
Welcome Addresses:
Stuart Hetherington, President CMI;
Helen Noble, President IMLA;
Mr Justice Brian McGovern, Judge of the High Court of Ireland


Monday 30 September 2013

Casualties / Liabilities in the Offshore Sector

09.00-09.10Opening Address
Leo Varadkar TD, Minister for Transport, Tourism & Trade
Module 1Liability and need for Regulation in the Offshore/Oil Sector
09.15-10.45Panel 1: Oil Spillage - The EU Perspective

Chair: Edmund Sweetman, Barrister at law, Bar of Ireland

  • The response to a major spillage/casualty in Irish waters and new powers introduced by European legislation
A review of the remit, powers and operations of the Irish Coast Guard in response to marine casualties.

Speaker - Chris Reynolds, Director of Irish Coast Guard

  • The Erika Decision and its impact
An explanation of the French Supreme Court decision on liabilities flowing from the sinking of the Erika and its impact on other European States.

Speaker - Jean-Serge Rohart, Avocat, Cabinet d'Avocat Villeneau, Rohart, Simon et Associés

  • The Commune de Mesquer Case
The EU Legal Procedure: An analysis of the Commune de Mesquer Case, the potential use of the European Waste Directive as a way of circumventing the liability conventions for oil pollution and where is EU law now.

Speaker - Dr Vincent Power, Solicitor and Partner, A&L Goodbody

  • Reino de España v. ABS Classification Society
Case commentary on the proceedings brought by the Spanish State against the classification society arising out of damage flowing from the Prestige in the Federal Courts of New York.

Speaker- Carlos Llorente, Partner, Llorente & Arcila Abogados (Madrid), Lecturer of Maritime Law, University of Deusto (Bilbao)

  • Criminalisation of Seafarers - Recent Developments
Speaker - Olivia Murray, Senior Associate, Ince & Co
09.15-10.45Judges' Session
10.45-11.15Coffee
11.15-13.00Panel 2: The need for regulation of the liabilities caused by off-shore exploration

Chair: Justice Steven Rares, Federal Court of Australia

  • Is there a place for the regulation of off-shore platforms within International Maritime Law? If not, then where?
An exploration and discussion as to whether off-shore oil platforms can be described as "ships" and whether any regulation of such structures might fit within the legal framework governing maritime matters or whether it falls more properly within the ambit of another sector.

Speaker - Dr. Rosalie P. Balkin, Director Legal Affairs and External Relations Division, International Maritime Organization

  • Limited or Unlimited Liability? The liability regime governing offshore drilling in the North Sea contrasted with exploitation and extraction of hydrocarbons in other parts of the world.
Speaker - Ben Browne, Partner, Thomas Cooper

  • Insuring the uninsurable: The need for a liability convention from an insurer's perspective.
Speaker - Rob Dorey, Director of Offshore Syndicate, The Standard Club
13.00-14.15Lunch
Module 2Passenger Liability
14.15-15.30Panel 1: Issues for the Cruise & Ferry Industries in the light of recent events

Chair: Helen Noble, President Irish Maritime Law Association, Solicitor and Partner, Campbell Johnston Clark.

  • Introduction to the cruise industry in Ireland, its importance and role in port development
Speaker - Michael McCarthy, Commercial Manager Port of Cork and Chairman of Cruise Europe

  • The Cruise Industry On the Rocks - a Tale of Woe
A review of the Costa Concordia incident.

Speaker - Commander Giuseppe Troina, Head of International Affairs, Italian Coastguard

  • The Broker's Role in a Major Casualty
Speaker - Ann Waite, AON
  • The Need for Regulatory Changes Brought to Light by Incidents such as the Costa Concordia
Speaker - Colm O hOisin SC, Bar of Ireland, ExCo IMLA
15.30-15.45Coffee
15.45-17.15Panel 2: Passenger Vessels - Rights & Liabilities

Chair - David Kavanagh, Solicitor and Partner, Dillon Eustace Solicitors

  • Challenges for P & I Insurers of passenger vessels
Speaker - David Baker, International Group of P & I Clubs

  • An Overview of the Athens Convention and its Protocols
Speaker - Hugh Kennedy, Solicitor and Partner Kennedys Dublin

  • Changes introduced in the European Union by the "Athens Regulation", the implications of the European Council Decision directing accession to the 2002 Protocol and its significance for international maritime law.
Speaker - Henrik Ringbom, Professor of Maritime Law, University of Oslo, Partner Marilaw Ab Law Firm

  • The new régime of passenger rights introduced for the carriage of passengers by sea by the Passenger Rights Regulation
Speaker - Tim Reardon, UK Chamber of Shipping
19.15-20.00Pre-Dinner Drinks Reception - The Mansion House
20.00-23.00Gala Dinner & Entertainment - The Mansion House, Round Room


Tuesday 1 October 2013

09.00- 10.00Panel 1

Cross border insolvencies - difficulties with existing legal framework for dealing with cross border insolvencies

Chair: Christopher Davis - An update on replies to the Questionnaire, work of the IWG and proposal for the way forward

Continued depressed freight market and over capacity difficulties, and problems associated with the existing legal framework

Speaker - Olaf Hartenstein, Dabelstein & Passehl, Germany
  • William M. Sharpe
  • Sarah Derrington
  • Giorgio Berlingieri
10.00-11.00Panel 2

Limitation of liability - CMI commentary and list of issues for consideration of future work

Chair: Helen Noble - Discussion on commentary and list of issues

The effects of a declaration of bankruptcy on limitation of liability, if the bankruptcy is declared before or after the limitation, and other issues. Consideration of future work on this topic for the CMI and linkage to cross border insolvencies.

Speaker - Martin Davies, Admiralty Law Institute Professor of Maritime Law Director, Tulane Maritime Law Centre Tulane Law School
11.00-11.25Coffee
11.25-12.15

Implementation of Maritime Conventions - a review of existing national difficulties of implementation

Chair: Louis Mbanefo - The need for action in conjunction with IMO and ICS. A CMI questionnaire and the way forward.

Rapporteur IWG - Deucalion Rediadis
Conventions that have not come into force and common reasons for this situation
12.15-13.00Panel 4

Marine Insurance - Mandatory insurance and other current problems

Chair: Dieter Schwampe - Replies to the Questionnaire and the way forward for the international working group

The British Law Reform Commission on Marine Insurance
Speaker - Prof D Rhidian Thomas, Swansea University
13.00-14.15Lunch
14.30-16.30Assembly
14.30-16.30Session by Young Lawyers - Open to all (Young and ex-Young)
Chair: Yiannis Timagenis
Guest Speakers:
1) Miso Mudric (CMI Prize winner at Ravenna Summer School) on Salvor's Liability for Professional Negligence.
2) Denise Micallef (CMI Prize winner at IMLI Malta) on Limitation of Liability of Classification Societies.
Young Lawyer Speakers:
3) Darren Lehane on the Maritime Labour Convention 2006 and its implications for modern shipping.
4) David Kavanagh on Costa Concordia and breaking limitation.
5) Javier Zabala on in rem liability in Spanish Law, followed by Edmund Sweetman exporing the comparative provisions relating to in rem liability in Irish law.
16.30-16.45Coffee
16.45-17.45Executive Council Meeting #2
17.15Young Lawyers Pre-Farewell Party drinks. The 'Sheds', Distillery Building on Church Street
19.00Departure for Closing Party
19.30Closing Party - Guinness Storehouse, Gravity Bar

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