October 16th, 2013

ARBITRADE’s partner conducts maritime arbitration course in Brazil

On 30 September 2013, Yuliya Chernykh, partner at ARBITRADE, conducted the first maritime arbitration course in Rio de Janeiro, Brazil at the invitation of the Chartered Institute of Arbitrators, the Institute of Sea and Ports (Imapor) and the Foundation for Maritime Research (Femar, Brazil).

The course featured both theoretical and practical aspects. Peculiarities of ad hoc and institutional arbitration, features of arbitration proceedings under the most frequently used arbitration rules for maritime disputes, applicable law in arbitration, specific issues of drafting of arbitration agreements, issues related to conclusion of arbitration agreements by reference and incorporation of other terms, time for commencement of arbitration proceedings, constitution of the arbitral tribunals, rendering of the award, its enforcement and interim measures, including by way of ship arrest, arbitration costs and many other topics were discussed during the course. Special attention was devoted to the practice of maritime arbitrations of the London Maritime Arbitration Association (LMAA Terms 2012, LMAA Small Claims Procedure 2012).

The course attracted over 60 participants including, inter alia, maritime counsel, captains, insurance and oil production companies’ in-house counsel, representatives of national federations of maritime agents, and governmental organs of Brazil.

Course participant, Head of insurance department of Transporte SA-Transpetro Luis Cabral notes that the course “is a milestone event which assisted in understanding arbitration, and a great step towards the development of its concept in Brazil.” Paulo Bessa, partner at Bessa, Homem de Carvalho & Gonçalves adds that “the course helped me understand arbitration and open new professional horizons. Excellent experience”.

Leonardo Fernandes, managing director of Institute of Sea and Ports (Imapor) notes:

The Institute of Sea and Ports in partnership with CIArb proudly conducted its first “Introductory Course on Maritime Arbitration” at the end of the last month. The Course followed the launch of the Brazilian Centre on Maritime Arbitrations on September 26th with the goal of providing an alternative method of dispute resolution to the maritime cluster in Rio de Janeiro, Brazil.

The class was taught by tutor Yuliya Chernykh who was able to skilfully teach the course in a very thoughtful, objective and clear manner, covering arbitration principles, procedures and past case studies. The candidates (lawyers, sea captains, naval engineers, etc.) were truly impressed by the much needed prospects opened by the training. The knowledge obtained at the course will enable them to provide expedite, low cost and technically appropriate decisions in their field. Their positive feedback assured us that we have just begun a fascinating journey to learning and practicing maritime arbitrations in Brazil in the near future as well as keeping a long lasting cooperation with CIArb.

Yuliya Chernykh comments:

Maritime arbitration is in demand in Brazil. It was very pleasant to work with the audience which was well-prepared. The course had been developed and agreed for over three months both within the Chartered Institute of Arbitrators as well as directly with our Brazilian colleagues.

The Chartered Institute of Arbitrators is one of the world’s leading centres for the development of arbitration, mediation and other forms of dispute resolution at all levels. The Institute was founded in 1915 and now has over 12,500 members in more than 100 countries. The European Branch is an approved provider of the Institute’s Courses.

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