The 2nd International Conference of Maritime Law, which was held on 25-27 May 1995, dealt with the ship’s operation and the freedom of contracts. Its main purpose was to explore the freedom of the parties
in the various categories of contracts regarding the services provided by or to the ship or the financial use of the ship, to clarify the reasons justifying the different level of freedom of the parties in these contracts and to examine whether the limitation of freedom of contracts due to introduction of mandatory rules is the most adequate solution or whether other/additional solutions need to be explored.
The Conference was structured around three sessions: The first one dealt with contracts on the basis of which the owner of the ship cooperates with owners of other ships for its operation (consortia, liner conferences) or these contracts used for the intervention of a third party in the ship’s operation (ship management contracts, bareboat charter contracts, time charter contracts). The second session was dedicated to the contracts of carriage of passengers or goods by sea. The third session included the contracts ancillary to shipping (recruitment contracts of the captain and the crew members, maritime agency contracts, marine salvage and towage contracts, navigation contracts and marine insurance contracts).
In the context of the Conference the following papers were presented:
The Conference started with the paper of Professor Ioannis Schinas who dealt with the “freedom of contract, balancing of interests and public order in the law of chartering”. Subsequently, Jan Ramberg presented a paper on “The proper delimitation of mandatory rules in the law of carriage of goods by sea”, Professor Apostolos Georgiadis elaborated “The judicial review of the content of contracts of affreightment”. The first Session was completed with Eugenio Carnejo Fuller who presented his paper “Regulation or deregulation of the contract of carriage of goods by sea”. The afternoon Session, chaired by the Professor Athanasios Giannopoulos, started with a presentation by the Professor Foivos Christodoulou “Limits of the freedom of contract in chartering” and the presentation by Jose Domingo Ray of the “Freedom of contract and mandatory rules in carriage of goods and analysis relating to charter parties, bills of lading and some other documents through argentine law and international conventions”. In the first Session of the second day, chaired by the Professor Panagiotis Soldatos, Professors Michael F. Sturley made a presentation on ”Forum selection and arbitration clauses under section 3(8) of the U.S. Carriage of goods by sea act: Statutory intent and judicial interpretation”, Sergio Carbone and Francesco Munari dealt with “Port services ancillary to navigation between market and safety requirements” and Konstantinos Pampoukis examined “Shipping conferences and consortia in competition law of the European Community”. In the afternoon Session, chaired by the Professor Roger Roland, Professor Leonidas Georgakopoulos presented “The limitation of the freedom of maritime contracts by marine insurance law”, Antoine Vialard dealt with “La liberté contractuelle en matière d’assurances maritimes: l’ exemple français” and Enrique de Alba, closed the Session with the subject “Ships operation and freedom of contract. Freedom of the parties to choose forum and substantive law - Panamanian experience”. The Session of the last day chaired by the Professor Aliki Kiantou-Pampouki started with the presentation of Pavlos Avrameas: “Limits of the freedom of the parties in ship management contracts”. Panagiotis Papatheodoropoulos followed who elaborated the subject “The freedom of the parties at the time of the conclusion of the seafarer’s employment agreement”, Athanasios Alycatoras dealt with the matter “Applicable law and jurisdiction in seafarers recruitment contracts on the basis of the Community contracts of Rome (1980), Brussels (1968) and Donostia/San Sebastian (1989)”. Mikes Kountouris presented “The freedom of the parties at the time of conclusion of the seafarer’s employment agreement and particularly when settling claims arising out of maritime work accident”. Antonis M. Antapasis closed the circle of presentations of the Conference with the analysis of the subject “The freedom of the parties in marine salvage contracts”. Once the presentation of the papers had been completed, there was given some time for the presentation of the interventions of Panagiotis Papanikolaou on “The doctrinal inclusion of the provision of the article 253 of the Code of Private Maritime Law in the system of individual protection against the danger of abuse of the freedom of contract in the Civil Code”, of Isabelle Corbier on “Remorquage maritime et libre enterprise” and Emily Derogée-van Roosmalen on “Freedom of contract and “piercing or lifting of the corporate veil” in the Netherlands”.
The minutes and reports of the Conference were published in 2000 by the publishing house “A. Sakkoulas” in the special volume “Ship’s operation and the freedom of contract”, with the care of the Piraeus Bar Association.
Board of Directors of the Piraeus Bar Association
V. Venetis President, G. Apostolidis Vice President, K. Petalas Secretary General, P. Sampountzakis Treasurer, Members: A. Alexandropoulou-Alevromyti, S. Athanasakos, M. Vrachnou, G. Georgatos, I. Giatrakos, K. Gkaveras, P. Iliadis, L. Theodorou, I. Karkoulias, I. Klappas, E. Kotsonis, M. Ktistakis, P. Papanikolaou, G. Savvopoulos, G. Stamatogiannis.
Organizing Committee of the Conference
A. Antapasis President, M. Kargakou, A. Lampropoulos Secretaries, Members: Konstantinos Andreopoulos, N. Vourgidis, N. Gogios, Thom. Zafeiras, S. Kousoulis, Mikes Kountouris, G. Bairaktaris, N. Mpaltazanis, I. Neris, Ant. Papadimitriou, Pan. Papatheodoropoulos, K. Sapounakis, N. Skorinis, Grig. Timagenis.
Anthony M. Antapassis, Paris A. Asanakis, Olga Th. Vlavianou, Thomas V. Markezinis, Deukalion G. Rediadis.