Course Guide
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Frequently Overlooked Risk Management Issues in Contracts of Affreightment and Sale Contracts
Frequently overlooked risk management issues in contracts of affreightment and sale contracts 2021 AMPLA Queensland Conference Chris Keane MinterEllison 18 June 2021 The focus of today’s presentation - risk associated with two contracts used to facilitate the export of Australian commodities: . the sale contract / offtake agreement / supply agreement (sale contract) . the contract of affreightment / voyage charterparty / bill of lading (sea carriage contract) Specific focus is on risk and risk mitigation options that are frequently overlooked (both at the time of contract formation and also when disputes arise) 2 Risk arising out of seemingly straightforward issues . Duration of the sale contract - overarching issue that impacts on many other considerations; legal and commercial considerations will overlap . Port(s) of loading and port(s) of discharge - relevant considerations include: access to certain berths; special arrangements regarding loading and unloading; port congestion and other factors likely to cause delay; and the desirability of not requiring a CIF buyer to nominate a specific port of unloading (e.g. “one safe port and one safe berth at any main port(s) in China…”) . Selection of vessel - risk will depend on which party to the sale contract is responsible for arranging the vessel; CIF sellers need to guard against the risk of selecting an unsuitable vessel; FOB sellers need to ensure they have a right to reject an unsuitable vessel nominated by the buyer 3 Risk arising out of seemingly straightforward issues . Selection of contractual carrier - needs to be considered as an issue separate from the selection of the vessel; what do you know (and not know) about the carrier?; note the difficulties the contractual carrier caused for both the seller and buyer in relation to the ‘Maryam’ at Port Kembla earlier this year; proper due diligence is critical; consider (among other things) compliance with anti-slavery, anti-bribery and sanctions laws and issues concerning care of seafarers, safety and environment . -
Chapter 17. Shipping Contributors: Alan Simcock (Lead Member)
Chapter 17. Shipping Contributors: Alan Simcock (Lead member) and Osman Keh Kamara (Co-Lead member) 1. Introduction For at least the past 4,000 years, shipping has been fundamental to the development of civilization. On the sea or by inland waterways, it has provided the dominant way of moving large quantities of goods, and it continues to do so over long distances. From at least as early as 2000 BCE, the spice routes through the Indian Ocean and its adjacent seas provided not merely for the first long-distance trading, but also for the transport of ideas and beliefs. From 1000 BCE to the 13th century CE, the Polynesian voyages across the Pacific completed human settlement of the globe. From the 15th century, the development of trade routes across and between the Atlantic and Pacific Oceans transformed the world. The introduction of the steamship in the early 19th century produced an increase of several orders of magnitude in the amount of world trade, and started the process of globalization. The demands of the shipping trade generated modern business methods from insurance to international finance, led to advances in mechanical and civil engineering, and created new sciences to meet the needs of navigation. The last half-century has seen developments as significant as anything before in the history of shipping. Between 1970 and 2012, seaborne carriage of oil and gas nearly doubled (98 per cent), that of general cargo quadrupled (411 per cent), and that of grain and minerals nearly quintupled (495 per cent) (UNCTAD, 2013). Conventionally, around 90 per cent of international trade by volume is said to be carried by sea (IMO, 2012), but one study suggests that the true figure in 2006 was more likely around 75 per cent in terms of tons carried and 59 per cent by value (Mandryk, 2009). -
Volume Contracts of Affreightment – Some Features and Principles
Volume Contracts of Affreightment – Some Features and Principles Lars Gorton 1 Introduction ………………………………………………………………….…. 62 1.1 General Background ……………………………………………………… 62 1.2 Some Contractual Points …………..……………………………………... 62 1.3 Frame Agreements ………………………………………………………... 64 1.4 Some General Points Related to Distributorship Agreements and Volume Contracts ………………………………………. 66 1.5 Some Further Overriding Points ……………………………………….…. 67 2 Contract Forms ………………………………………………………………… 68 3 Law, Contract and Terminology ……………………………………………… 69 4 The SMC Rules on Volume Contracts ……………………………………..…. 70 5 Characteristics of COA’s ……………………………………………………… 71 6 The Generic Nature of the COA ………………………………………………. 72 7 Some of the Parameters of the COA ………………………...……………….. 76 7.1 The Ships Involved Under the Volume Contract ………………………… 76 7.2 Time Elements in Connection with COA’s ………………………………. 76 7.3 Cargo and Cargo Quantity and Planning of Voyages ………………….… 77 8 Breach and Consequences of Breach …………………………………………. 78 8.1 Generally, Best Efforts and Cooperation …………………………………. 78 8.2 Consequences of the Owners’s Breach …………………………………... 78 8.3 Consequences of the Charterer’s Breach …………………………………. 78 9 Some Comparisons with Distributorship Agreements in English Law ….…. 78 10 Some COA Cases Involving “Evenly spread” ……………………………….. 82 10.1 “Evenly spread” …………………………………………………………... 82 10.2 Mitigation of Damages …………………………………………………… 85 11 Freight, Demurrage and Similar ……………………………………………… 88 11.1 General Points ………..…………………………………………………... 88 11.2 Freight Level …………………………………………………………….. -
Table of Clauses
Table of Clauses Preamble VESSEL Clause 1. Vessel LAYDAYS DATE / CANCELLING DATE, etc. Clause 2. Laydays Date etc. Clause 3. Cancelling Date LOADING Clause 4. Advance Notices Clause 5. Notice of Readiness to Load and Counting of Laytime Clause 6. Cleanliness of Vessel Clause 7. Utilization of Holds and Hatches Clause 8. Loading Methods and Costs Clause 9. Rate of Loading Clause 10. Risk, Liability and Expense of Loading and Trimming DISCHARGING Clause 11. Advance Notices Clause 12. Notice of Readiness to Discharge and Counting of Laytime Clause 13. Rate of Discharging Clause 14. Discharging Methods and Costs Clause 15. Cleaning after Discharging LOADING and DISCHARGING Clause 16. Demurrage and Despatch Money Clause 17. Warping Clause 18. Vacating Berth Clause 19. Draft Survey Clause 20. Opening and Closing of Hatches Clause 21. Ballasting, etc. Clause 22. Handling of Equipment on Board Clause 23. Stevedore Damage Clause 24. Owners’ Liability for Damage GENERAL Clause 25. Freight Payment Clause 26. Dues, Taxes and Charges Clause 27. Bill of Lading Clause 28. Lien Clause 29. Liberty Clause 30. Oil Pollution Charter Party Clause (Non Tankers) Clause 31. BIMCO AMS Clause for Voyage Charter Parties Clause 32. Protective Clauses (a) BIMCO General Clause Paramount (b) Both-to-Blame Collision Clause (c) General Average and New Jason Clause (d) War Risks (VOYWAR 2004) Clause 33. Force Majeure Clause 34. BIMCO Strike Clause Clause 35. BIMCO General Ice Clause for Voyage Charter Parties Clause 36. Agency Clause 37. BIMCO ISPS/MTSA Clause for Voyage Charter Parties 2005 Clause 38. Brokerage Clause 39. BIMCO Dispute Resolution Clause Clause 40. -
Documents of the Shipping Transport: Historical Origins, Legal Validity & Commercial Practice
Journal of Shipping and Ocean Engineering 10 (2020) 47-56 Doi: 10.17265/2159-5879/2020.02.005 D DAVID PUBLISHING Documents of the Shipping Transport: Historical Origins, Legal Validity & Commercial Practice Ioannis Voudouris, and Evi Plomaritou Frederick University, Cyprus Abstract: The bill of lading and charterparty are vital for international trade and transport. To signify their enduring importance, this paper firstly seeks to illuminate the earliest historical evidence relating to the bill of lading and charterparty, and secondly, discuss their current legal and commercial nature and functions as well as their relationship with other transport documents such as the booking note, cargo manifest, mate’s receipt, and delivery order. In this context, the paper examines the lifecycle of transport as regards the documents used in the bulk and liner markets. Key words: Bill of lading, charterparty, sea waybill, booking note, delivery order, Mate’s receipt, Cargo manifest. 1. Introduction upon their shipment on board the ship (shipped bill of lading). The most important documents governing the commercial and legal relationships between the parties 2. Historical Origins of the Bill of Lading, in international sea transport are the bill of lading and Charterparty, Sea Waybill and Other the charterparty. Among other things, these Transport Documents documents define the obligations as well as the The (non-negotiable) sea waybill and the respective costs and earnings of the contracting parties, (negotiable) bill of lading are nowadays the primarily the shipowner or carrier and the charterer or best-known ocean transport documents that are still in shipper. In addition, other documents, such as booking use. -
Sample Copy 12
1. Shipbroker 2. Place and Date 3. Owners 4. Charterers 5. Vessel’s name/type 6. Cargo carrying capacity (about in mtons) / 7. Cubic capacity 8. Owners´ P&I Club 9. Built – Class – Flag – GT – NT (grain/bale) / 10. Present position 11. ETA Loadport Sample copy 12. Laytime not to commence before 13. Cancelling date 14. Sailing telex/telegram to sent to: when the vessel leaves her last port before loading 15. Loading Port(s) 16. Discharging Port(s) 17. Cargo description – Quantity in mtons 18. Freight rate 19. Freight payment (prepaid/payable on right and true per delivery) mton 20. Laytime for loading and discharging. Fill in a) and b) or for total laytime loading and discharging c) a) Laytime for loading non reversible b) Laytime for discharging non reversible c) Total laytime for loading and 21. Demurrage/despatch rate discharging reversible 22. Brokerage % of the amount of freight and deadfreight shall be paid by the Owners to: 23. Agents at loading port(s) 24. Agents at discharging port(s) Copyright © 2006 Yara. Recommended by BIMCO. All rights reserved. This BIMCO SmartCon document may not be copied, duplicated, reproduced or distributed without the permission of the copyright owners. Originally issued as HYDROCHARTER 1st of January 1923. Amended July 1997. Re-issued as YARACHARTER January 2006. 25. Special Provisions It is mutually agreed that this Contract shall be performed subject to the conditions contained in this Charter Party which shall include Part I as well as Part II. In the event of a conflict of conditions, the provisions of Part I shall prevail over those of Part II to the extent of such conflict. -
Shipbroking and Chartering Practice
CONTENTS PAGE Preface v Introduction vii List of Figures xix Bibliography xxi CHAPTER 1. THE FREIGHT MARKET 1 The dry cargo market 2 The bulk and 'tweendecker market 2 The container market 4 The ro/ro market 5 The liner market 6 The small ship market 6 Special markets 7 Heavy-lift carriers 7 Barges and pontoons 7 Tugs 8 The tanker market 8 The "combos" 10 The reefer market 10 The car carrier market 12 The passenger market 13 The sale and purchase market 13 Freight derivatives 14 CHAPTER 2. THE STATE OF THE MARKET 17 CHAPTER 3. SHIPOWNING CONDITIONS AND MARKET ACTIVITIES 23 Materials administration in shipping 26 CHAPTER 4. INFORMATION CHANNELS 29 Information network and exchange 29 Order 29 Positions 31 Market reports 32 Freight negotiations 32 General information Information centres The Baltic Exchange 33 Institute of Chartered Shipbrokers 34 BIMCO 34 Information network Information coverage 3 7 Means of communication ->v The time factor 39 The role of the broker and the agent 40 Shipbrokers 41 Sale and purchase broker 44 Port agents 44 Liner agents 44 Brokers and agents connected with owners 45 Brokerage 45 Insurance for intermediaries 47 CHAPTER 5. MARKETING 49 Attitudes in negotiation 49 Marketing and relation to the customer 50 Organization of a shipping office 54 CHAPTER 6. SALES CONTRACT, CARRIAGE AND BILL OF LADING 57 Sales contract, financing, carriage 57 The sales contract is the basic agreement in the export transaction 57 Incoterms 58 "The sea transport chain" 59 Risk, cost and liability distribution between the different -
Putting Scale Into Perspective Why Big Isn’T Always Better
The official magazine of the Institute of Chartered Shipbrokers Promoting professionalism in the shipping industry worldwide Issue 57 June 2019 Putting scale into perspective Why big isn’t always better Impacts of consolidation | Ship upsizing | Port challenges | Trade evolution ICS TutorShip welcome 2016.qxp_ICS TutorShip welcome A5 17/05/2017 10:48 Page 11 A study experience tailored specifically towards preparation for the Institute of Chartered Shipbrokers’ exams, open to all students irrespective of their method of study. PREP provides students with an intensive, interactive and highly PREP motivating study experience tailored specifically towards preparation for the The Institute’s international revision course is Institute’s exams. now held twice a year for the November and May examinations PREP includes: mock exams, lectures, the opportunity for personal tutoring ‘I thoroughly enjoyed the weekend, both learning and networking. and socialising. I feel much more confident about passing my exams and I hope to be back next year.’ Ricky, Clarksons Port Services ‘It was a perfect weekend of learning and socialising with colleagues from the industry. Will definitely come back next year as it is a great way to prepare toward my exams.’ Jordi, Next Maritime Agency ‘Everything about this year at PREP was fantastic. Every detail had been well thought through. The tutors are fantastic; the Institute’s staff very friendly and make you feel so welcome. The passion from all the staff and tutors is commendable and really shines through.’ Vikki, -
Open for Maritime Business
Open fOr MaritiMe Business Maritime UK One voice for shipping, ports and maritime business MaritiMe uK Open fOr MaritiMe Business Open fOr MaritiMe Business MaritiMe uK minisTerial foreworD mariTime uK Stephen Hammond, Parliamentary Under foreworD Secretary of State for Transport (DfT) Jim Stewart, Chairman, Maritime UK s an island nation the UK’s Meridian – quite literally – makes commerce with the rest of us the centre of the shipping world. any people across the world few other economies could ever athe world has cultivated our Our central time zone means you say the UK is the natural hope to replicate. expertise in maritime business. It is can do business with both sides of mhome of shipping and The City of London is the beating an expertise that we are proud to the world in the same working day. maritime services. They do so for heart of global shipping. Its world- offer on a global scale. To ensure this sector maximises good reason. renowned integrity underpins We have a maritime services its full potential, I have established The largest shipping companies, a commitment to provide the sector which is already worth up – and personally chair – a body of most innovative port operators leadership necessary to support a to £14bn per year despite global Ministers and leaders from across and most comprehensive range of global industry which moves more economic headwinds, and which is Government and industry with a business services – including legal, than 80% of world trade. attracting maritime businesses from clear focus on maximising growth fi nancial, shipbroking and insurance Industry and Government in the around the world. -
MG 4169 Shipbroking and Chartering UK LEVEL: 6 UK CREDITS: 15 US CREDITS: 3/0/3 (Summer 2019)
DEREE COLLEGE SYLLABUS FOR: MG 4169 Shipbroking and Chartering UK LEVEL: 6 UK CREDITS: 15 US CREDITS: 3/0/3 (Summer 2019) PREREQUISITES: MG 1010 Introduction to Shipping CATALOG Dry-bulk and tanker chartering; sale and purchase of ships in theory and in DESCRIPTION: practice. Charter party negotiations, contract documentation and post fixture operational administration. RATIONALE: Students specializing in shipping must understand the essential elements of shipbroking and chartering practices. This course provides a thorough understanding of ship chartering, sale and purchase of ships in theory and in practice. It places emphasis on the practical understanding of the components, the terminology and the dynamics of ship chartering and ship broking. LEARNING OUTCOMES: As a result of taking this course, the student should be able to: 1. Analyze and explain key concepts in shipbroking, chartering practice and charter/agency contracts. (analysis) 2. Prepare charters and assess chartering decisions in the bulk and liner markets. (synthesis and evaluation) 3. Explain the obligations undertaken by the ship owner and the charterer in each of the types of Charter Party and the resulting allocation of costs. (evaluation) METHOD OF TEACHING AND In congruence with the teaching and learning strategy of the college, the LEARNING: following tools are used: a) Classes consist of lectures, discussions and case studies. Throughout the lectures students develop knowledge and understanding related to the subject content. Discussions reinforce students’ cognitive and key transferable skills. b) Office Hours: Students are encouraged to make full use of the office hours of their instructor in order to consult and discuss issues related to the course's content. -
Chartering Pools in Tramp Shipping and EC Article 81
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by NORA - Norwegian Open Research Archives Chartering Pools In Tramp Shipping And EC Article 81 Proposed changes to the implementation of EC competition rules and their implications for tramp shipping Kandidatnr: Veileder: Olav Kolstad Leveringsfrist: 25 April 2005 Til sammen 17 931 ord 25.04.2005 Contents 1 INTRODUCTION 1 1.1 BACKGROUND 1 1.2 LIMITS TO THE SCOPE OF THE PAPER 3 1.3 DEFINITIONS 3 1.4 SOURCES OF LAW AND METHOD 4 2 EC COMPETITION LAW IN THE TRAMP SHIPPING SECTOR 5 2.1 HISTORICALLY AND TODAY 5 2.2 ENFORCEMENT 6 2.3 PROPOSED CHANGES 8 3 CHARTERING POOLS AND THE TRAMP SHIPPING MARKET 10 3.1 THE CHARTERING POOL 10 3.2 THE TRAMP SHIPPING MARKET 12 4 DO CHARTERING POOLS INFRINGE ARTICLE 81(1)? 14 4.1 UNDERTAKINGS 16 4.2 AGREEMENTS, DECISIONS AND CONCERTED PRACTICES 16 4.3 TRADE BETWEEN MEMBER STATES 16 4.4 COMPETITION ANALYSIS - OBJECT OR EFFECT OF PREVENTING, RESTRICTING OR DISTORTING COMPETITION 17 4.4.1 OBJECT ANALYSIS 18 4.4.2 EFFECTS ANALYSIS 20 4.4.2.1 Joint purchasing 20 4.4.2.2 Restrictions on withdrawal from the pool 22 4.4.2.3 Non compete clauses 23 4.4.2.4 Information exchange 23 4.4.2.5 Cooperation on technical matters 25 4.4.3 ANCILLARITY 25 4.5 THE DE MINIMIS DOCTRINE 27 I 5 COULD CHARTERING POOLS QUALIFY FOR EXEMPTION UNDER ARTICLE 81(3)? 29 5.1.1 CONTRIBUTION TO ECONOMIC PROGRESS 30 5.1.2 BENEFIT TO CONSUMERS 34 5.1.3 INDISPENSABILITY 37 5.1.4 ELIMINATION OF COMPETITION 42 6 CONCLUSIONS 44 7 LITERATURE 47 7.1 BOOKS 47 7.2 COMMISSION REGULATIONS 47 7.3 COMMISSION PUBLICATIONS 48 7.4 ARTICLES 48 II 1 Introduction 1.1 Background The shipping market has from a legal standpoint long been divided into two, broad, market segments: liner shipping where vessels sail along regularly scheduled routes on a fixed timetable, and tramp shipping where vessels sail at the charterers’ discretion. -
Laytime and Demurrage Sixth Edition
LAYTIME AND DEMURRAGE SIXTH EDITION LLOYD’S SHIPPING LAW LIBRARY Series editors: Andrew W. Baker, Q.C. and Hatty Sumption LLOYD’S SHIPPING LAW LIBRARY The Ratification of Maritime Conventions Voyage Charters edited by The Institute of Maritime Law third edition University of Southampton by Julian Cooke, (looseleaf) Timothy Young, Q.C., Andrew Taylor, John D. Kimball, David Martowski The Law of Ship Mortgages and LeRoy Lambert by Graeme Bowtle and Kevin McGuinness (2007) (2001) Time Charters sixth edition The Law of Shipbuilding Contracts by Terrence Coghlin, Andrew W. Baker, third edition Julian Kenny and John D. Kimball by Simon Curtis (2008) (2002) Ship Sale & Purchase The Law of Tug and Tow fifth edition second edition by Iain Goldrein, Q.C., Matt Hannaford by Simon Rainey and Paul Turner (2002) (2008) Shipping and the Environment Merchant Shipping Legislation second edition second edition by Colin de la Rue and by Aengus R. M. Fogarty Charles B. Anderson (2004) (2009) Ship Registration: Law and Practice Marine War Risks second edition third edition by Richard Coles and by Michael D. Miller Edward Watt (2005) (2009) Bareboat Charters Marine Cargo Insurance second edition by John Dunt by Mark Davis (2009) (2005) London Maritime Arbitration third edition Limitation of Liability by Clare Ambrose and Karen Maxwell for Maritime Claims (2009) fourth edition by Patrick Griggs, Richard Williams P&I Clubs Law and Prace and Jeremy Farr fourth edition (2005) by Steven J. Hazelwood and David Semark (2010) Enforcement of Maritime Claims fourth edition Admiralty Jurisdiction and Practice by D. C. Jackson fourth edition (2005) by Nigel Meeson and John A.