Certificate in Maritime Arbitration & Dispute Resolution
[10 Credits]
Objectives:
i. To understand key legal and institutional frameworks connected to maritime arbitration and dispute resolution (e.g., LMAA Rules, UNCITRAL, ICA, BIMCO clauses).
ii. To explain the general principles and procedures involved in maritime arbitration, mediation, and conciliation within both domestic and international contexts.
iii. To apply arbitration rules and legal doctrines to disputes involving cargo claims and contractual breaches.
iv. To evaluate the effectiveness of maritime arbitration mechanisms in resolving disputes compared to litigation, considering factors such as cost, time, confidentiality, and enforceability.
v. To empower students to draft arbitration clause or arbitration agreement to facilitate robust dispute resolution mechanism for the maritime conflicts
vi. To equip students to arbitrate the maritime disputes seamlessly.
Learning Outcomes
By the end of this course, the students will be able to
i. Identify the nature of disputes so as to check its feasibility to resolute within the framework of arbitration.
ii. Explain the legal and procedural framework of dispute resolution methods in maritime contexts, including litigation, arbitration, mediation, and conciliation, both at domestic and international levels.
iii. Apply arbitration rules and maritime dispute clauses (e.g., LMAA, UNCITRAL, BIMCO dispute resolution clauses) to case scenarios involving conflicting interests between the parties.
iv. Analyze the procedural aspects of maritime arbitration such as appointment of arbitrators, jurisdictional challenges, evidence submission, and award enforcement.
v. Design a strategic dispute resolution plan by way of drafting arbitration clauses or arbitration agreement creating a resilient mechanism for dispute resolution, effectively.
vi. Design a strategic dispute resolution plan or draft arbitration clauses for a maritime contract, incorporating suitable forums, governing law, and procedural rules.
Program Outcomes:
PO1: Demonstrate foundational knowledge of maritime law and international frameworks.
PO2: Interpret and apply maritime legal instruments and treaties.
PO3: Analyze legal scenarios in shipping, insurance, and dispute resolution.
PO4: Evaluate maritime legal systems and propose policy or legal reforms.
PO5: Draft legal documents and develop strategic solutions in maritime law practice.
Course Outcomes:
|
CO Code |
Course Outcome |
Mapped POs |
|
CMADR1 |
Identify dispute types and evaluate arbitration suitability |
PO1, PO2 |
|
CMADR2 |
Explain frameworks of arbitration, mediation, and conciliation |
PO1, PO2 |
|
CMADR3 |
Apply BIMCO, LMAA, UNCITRAL rules to dispute cases |
PO2, PO3 |
|
CMADR4 |
Analyze procedures and challenges in arbitration and award enforcement |
PO3, PO4 |
|
CMADR5 |
Design arbitration clauses and strategic ADR plans for maritime disputes |
PO4, PO5 |
- Teacher: Dr Yogamala H L
Certificate in Marine Insurance Law
[10 Credits]
Objectives:
i. To provide knowledge on the general principles of marine insurance such as insurable interest, utmost good faith, indemnity, subrogation, and proximate cause.
ii. To explain the structure and types of marine insurance policies, including hull insurance, cargo insurance, and liability insurance, with reference to legal doctrines.
iii. To interpret and apply marine insurance principles in real world shipping and legal scenarios, such as cargo damage claims , hull insurance disputes and liability under P& I cover
iv. To critically assess insurance claims, coverage disputes and evaluate policy performance in light of maritime risk exposure and examine legal remedies and precedents in dispute resolution
v. Equip the students to design appropriate insurance and risk mitigation strategies for maritime stakeholders and to express legal opinions on compliance and regulatory matters connected to marine insurance
Learning Outcomes
By the end of this course, the students will be able to
i. Recall and define general principles of marine insurance, such as insurable interest, utmost good faith, indemnity, subrogation, and proximate cause.
ii. Explain the structure, types, and components of marine insurance policies, including hull insurance, cargo insurance, and protection & indemnity (P&I), along with the significance of policy clauses and warranties.
iii. Interpret marine insurance contracts and identify the scope of coverage, exclusions, and legal implications in case of non-compliance or breach of policy conditions.
iv. Analyze case law and legal precedents to assess how courts have interpreted marine insurance disputes, claims settlements, and the doctrine of proximate cause in maritime incidents.
v. Evaluate the adequacy of existing marine insurance regulations and practices in addressing modern maritime risks such as container losses, environmental hazards, or cyber threats.
vi. To design appropriate insurance and risk mitigation strategies for maritime stakeholders and to express legal opinions on compliance and regulatory matters connected to marine insurance
Program Outcomes:
PO1: Demonstrate foundational knowledge of maritime law and international frameworks.
PO2: Interpret and apply maritime legal instruments and treaties.
PO3: Analyze legal scenarios in shipping, insurance, and dispute resolution.
PO4: Evaluate maritime legal systems and propose policy or legal reforms.
PO5: Draft legal documents and develop strategic solutions in maritime law practice.
Course Outcomes:
|
CO Code |
Course Outcome |
Mapped POs |
|
CMIL1 |
Define and explain marine insurance principles like good faith and indemnity |
PO1, PO2 |
|
CMIL2 |
Describe marine insurance policy types and interpret clauses |
PO1, PO2 |
|
CMIL3 |
Identify and apply scope of coverage and exclusions in insurance contracts |
PO2, PO3 |
|
CMIL4 |
Analyze and evaluate marine insurance case laws and court decisions |
PO3, PO4 |
|
CMIL5 |
Design insurance strategies and express legal opinions on risk mitigation |
PO4, PO5 |
- Teacher: Dr Yogamala H L
Certificate in Shipping and Admiralty Law
[10 Credits]
Syllabus
Objectives:
i. To provide functional understanding of the key terminologies and legal instruments relevant in commercial aspects of shipping.
ii. To describe the legal principles governing ship building, sale, registration and ownership, carriage of goods by sea and maritime claims under national and international legal framework.
iii. To demonstrate the application of legal provisions and procedures in arresting or detaining the ship as a result of legal process initiated claimant with a valid maritime claim.
iv. To critically analyze international cooperation mechanisms, legal instruments and case law for their effectiveness in addressing transnational maritime crimes.
Learning outcomes
By the end of this course, the students will be able to
i. Recall the foundational legal concepts, terminologies, and statutory provisions relevant to commercial aspects of shipping.
ii. Describe the structure and function of admiralty jurisdiction in national and international contexts, including the role of High Courts, flag states, and international maritime tribunals.
iii. Apply legal principles to practical problems involving carriage of goods by sea, demurrage claims, crew contracts, and marine torts, using appropriate statutory and contractual interpretation.
iv. Evaluate the effectiveness of current admiralty procedures and dispute resolution mechanisms in protecting the rights of shipowners, charterers, and cargo interests.
v. Draft basic legal documents such as notices of claim, charter party clauses, or pleadings for admiralty claims, demonstrating clarity, coherence, and adherence to maritime legal norms.
Program Outcomes:
PO1: Demonstrate foundational knowledge of maritime law and international frameworks.
PO2: Interpret and apply maritime legal instruments and treaties.
PO3: Analyze legal scenarios in shipping, insurance, and dispute resolution.
PO4: Evaluate maritime legal systems and propose policy or legal reforms.
PO5: Draft legal documents and develop strategic solutions in maritime law practice.
Course Outcomes (COs):
|
CO Code |
Course Outcome |
Mapped POs |
|
CSAL1 |
Recall legal concepts and terminologies in shipping and admiralty contexts |
PO1 |
|
CSAL2 |
Describe admiralty jurisdiction and international legal frameworks |
PO1, PO2 |
|
CSAL3 |
Apply principles to issues in carriage of goods, torts, and claims |
PO2, PO3 |
|
CSAL4 |
Evaluate admiralty processes for protecting maritime stakeholders |
PO3, PO4 |
|
CSAL5 |
Draft pleadings, charter clauses, and other legal documents |
PO4, PO5 |
- Teacher: Dr Yogamala H L
Certificate in Maritime Law
[10 Credits]
Syllabus
Objectives:
1) To introduce the key provisions of international maritime conventions, treaties, and regulations (e.g., UNCLOS, SOLAS, MARPOL)
2) To provide functional knowledge on the delimitations of maritime zones
3) To apply provisions of maritime law to the real case scenarios involving disputes connected to internal maritime boundaries, flag state control, and port state control.
4) To assess the effectiveness of the maritime legal framework in addressing emerging issues such as piracy pollution of marine environment, and maritime boundary disputes.
Learning outcomes:
- By the end of this course, the students will be able toUnderstand the key provisions of maritime conventions such as SOLAS, MARPOL, and MLC 2006, along with the significance of global institutions contributing towards shaping the maritime industry.
- Explain the general principles of ocean governance such as; including, freedom of navigation, Innocent Passage, Common heritage of mankind, and flag state and port state Jurisdiction.
- Analyse selected Maritime Law cases on issues such as maritime boundaries, pollution incidents, piracy, and seafarer rights.
- Evaluate the interaction between international maritime law and Domestic legal systems in governing the emerging challenges connected to shipping activities, Climate change and consequential marine pollution, cyber threats and dispute resolution.
- Propose legal or policy reforms to enhance compliance and governance in maritime affairs based on comparative analysis of international practices.
Program Outcomes:
PO1: Demonstrate foundational knowledge of maritime law and international frameworks.
PO2: Interpret and apply maritime legal instruments and treaties.
PO3: Analyze legal scenarios in shipping, insurance, and dispute resolution.
PO4: Evaluate maritime legal systems and propose policy or legal reforms.
PO5: Draft legal documents and develop strategic solutions in maritime law practice.
Course Outcomes (COs):
|
CO Code |
Course Outcome |
Mapped POs |
|
CML1 |
Explain key provisions of SOLAS, MARPOL, MLC, and roles of global institutions |
PO1, PO2 |
|
CML2 |
Describe principles of ocean governance including navigation rights and jurisdictions |
PO1, PO2 |
|
CML3 |
Analyze maritime law cases relating to pollution, piracy, and boundary disputes |
PO2, PO3 |
|
CML4 |
Evaluate effectiveness of legal frameworks on climate change and marine threats |
PO3, PO4 |
|
CML5 |
Propose legal reforms based on comparative analysis of international practices |
PO4, PO5 |
- Teacher: Dr Yogamala H L