BBC Shipping Chartering Guide
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Chartering Terms by Kevin Stephens
Chartering Terms By Kevin Stephens www.wwproject.net A B C D E F G H I J K L M N O P Q R S T U V W X Y Z ABBREVIATION MEANING AA Always Afloat AAAA Always Accessible Always Afloat AAOSA Always Afloat or Safe Aground. Condition for a vessel whilst in port AARA Amsterdam-Antwerp-Rotterdam Area ABAFT Toward the rear (stern) of the ship. Behind. ABOARD On or within the ship ABOVE DECK On the deck (not over it – see ALOFT) ABSORPTION Acceptance by the carrier of a portion of a joint rate or charge which is less than the amount which it would receive for the service in the absence of such joint rate or charge. ABT About ACCEPTANCE OF GOODS The process of receiving a consignment from a consignor, usually against the issue of a receipt. As from this moment and on this place the carrier’s responsibility for the consignment begins. ACKNOWLEDGEMENT OF RECEIPT A notification relating to the receipt of e.g. goods, messages and documents. Active Inventory covers raw material, work in progress, finished products that will be used or sold within a given period without extra cost or loss. This term does not cover the so-called reserve inventory. ACTUAL DEMAND Customers’ orders and often also the allocation of items, ingredients and/or raw materials to production or distribution. ACTUAL VOYAGE NUMBER A code for identification purposes of the voyage and vessel which actually transports the container/cargo. ADCOM Address Commission ADDED VALUE The value attributed to products, and services as the result of a particular process (e.g. -
China's Merchant Marine
“China’s Merchant Marine” A paper for the China as “Maritime Power” Conference July 28-29, 2015 CNA Conference Facility Arlington, Virginia by Dennis J. Blasko1 Introductory Note: The Central Intelligence Agency’s World Factbook defines “merchant marine” as “all ships engaged in the carriage of goods; or all commercial vessels (as opposed to all nonmilitary ships), which excludes tugs, fishing vessels, offshore oil rigs, etc.”2 At the end of 2014, the world’s merchant ship fleet consisted of over 89,000 ships.3 According to the BBC: Under international law, every merchant ship must be registered with a country, known as its flag state. That country has jurisdiction over the vessel and is responsible for inspecting that it is safe to sail and to check on the crew’s working conditions. Open registries, sometimes referred to pejoratively as flags of convenience, have been contentious from the start.4 1 Dennis J. Blasko, Lieutenant Colonel, U.S. Army (Retired), a Senior Research Fellow with CNA’s China Studies division, is a former U.S. army attaché to Beijing and Hong Kong and author of The Chinese Army Today (Routledge, 2006).The author wishes to express his sincere thanks and appreciation to Rear Admiral Michael McDevitt, U.S. Navy (Ret), for his guidance and patience in the preparation and presentation of this paper. 2 Central Intelligence Agency, “Country Comparison: Merchant Marine,” The World Factbook, https://www.cia.gov/library/publications/the-world-factbook/fields/2108.html. According to the Factbook, “DWT or dead weight tonnage is the total weight of cargo, plus bunkers, stores, etc., that a ship can carry when immersed to the appropriate load line. -
Laws Adrift: Anchoring Choice of Law Provisions in Admiralty Torts
University of Miami International and Comparative Law Review Volume 17 Issue 1 Volume 17 Issue 1 (Fall 2009) Article 4 10-1-2009 Laws Adrift: Anchoring Choice Of Law Provisions In Admiralty Torts Marcus R. Bach-Armas Jordan A. Dresnick Follow this and additional works at: https://repository.law.miami.edu/umiclr Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation Marcus R. Bach-Armas and Jordan A. Dresnick, Laws Adrift: Anchoring Choice Of Law Provisions In Admiralty Torts, 17 U. Miami Int’l & Comp. L. Rev. 43 (2009) Available at: https://repository.law.miami.edu/umiclr/vol17/iss1/4 This Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami International and Comparative Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. LAWS ADRIFT: ANCHORING CHOICE OF LAW PROVISIONS IN ADMIRALTY TORTS - Marcus R. Bach-Armas*& JordanA. Dresnick I. Introductory Remarks ........................ 44 II. The View from the Crow's Nest: Unwrapping Choice of Law Provisions ........................................... 46 III. The History of Maritime Tort Choice of Law Analysis .................................. 51 IV. Current Maritime Choice of Law Jurisprudence .................................... 55 V. Drafting for Naught: The (In)Significance of Choice of Law Clauses in Maritime Torts .................. 58 VI. The Role of Choice of Law Provisions in Maritime Torts Post-Bremen ............. 60 VII. Concluding Remarks .......................... 64 At the time of submission, Marcus R. -
Requirements of Timely Performance in Time and Voyage Charterparties
Graduate School REQUIREMENTS OF TIMELY PERFORMANCE IN TIME AND VOYAGE CHARTERPARTIES - AN EXPLORATION OF THEIR IDENTITY, SCOPE AND LIMITATIONS UNDER ENGLISH LAW Thesis submitted for the degree of Doctor of Philosophy at the University of Leicester by Tamaraudoubra Tom Egbe School of Law University of Leicester 2019 Abstract REQUIREMENTS OF TIMELY PERFORMANCE IN TIME AND VOYAGE CHARTERPARTIES - AN EXPLORATION OF THEIR IDENTITY, SCOPE AND LIMITATIONS UNDER ENGLISH LAW By Tamaraudoubra Tom Egbe The importance of time in the performance of contractual obligations under sea carriage of goods arrangements are until now little explored. For the avoidance of breach, certain obligations and responsibilities of the parties to the contract need to be performed promptly. Ocean transport is an expensive venture and a shipowner could suffer considerable financial losses if an unnecessary but serious delay interrupt the vessel’s earning power in the course of the charterer’s performance of his contractual obligation. On the other hand, a charterer could also incur a substantial loss if arrangements for the shipment and receipt of cargo fail to go according to plan as a result of the shipowner’s failure to perform his charterparty obligation timely and with reasonable diligence. With these considerations in mind, this thesis critically explores the concept of timely performance in the discharge of the contractual obligations of parties to a contract of carriage. While the thesis is not an expository of the occurrence of time in all the obligations of parties to the carriage contract, it focusses particularly on the identity, scope, and limitations of timeliness in the context of timely payment of hire, laytime and reasonable despatch. -
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 . -
Contracts Course
Contracts A Contract A contract is a legally enforceable agreement between two or more parties with mutual obligations. The remedy at law for breach of contract is "damages" or monetary compensation. In equity, the remedy can be specific performance of the contract or an injunction. Both remedies award the damaged party the "benefit of the bargain" or expectation damages, which are greater than mere reliance damages, as in promissory estoppels. Origin and Scope Contract law is based on the principle expressed in the Latin phrase pacta sunt servanda, which is usually translated "agreements to be kept" but more literally means, "pacts must be kept". Contract law can be classified, as is habitual in civil law systems, as part of a general law of obligations, along with tort, unjust enrichment, and restitution. As a means of economic ordering, contract relies on the notion of consensual exchange and has been extensively discussed in broader economic, sociological, and anthropological terms. In American English, the term extends beyond the legal meaning to encompass a broader category of agreements. Such jurisdictions usually retain a high degree of freedom of contract, with parties largely at liberty to set their own terms. This is in contrast to the civil law, which typically applies certain overarching principles to disputes arising out of contract, as in the French Civil Code. However, contract is a form of economic ordering common throughout the world, and different rules apply in jurisdictions applying civil law (derived from Roman law principles), Islamic law, socialist legal systems, and customary or local law. 2014 All Star Training, Inc. -
Eufoafrica-Waybill-14.Pdf
NON NEGOTIABLE WAYBILL FOR COMBINED TRANSPORT SHIPMENT OR PORT TO PORT SHIPMENT EuroAfrica Shipping Lines Cyprus Limited 3105 Limassol, 229 Arch. Makariou III Avenue, Cyprus Waybill No. SHIPPER Correspondence address: 70-952 Szczecin, ul.Energetyków 3/4, Poland Shippers Ref. Tel. +48 91 81 43 255/256, fax +48 91 81 43 315, e-mail: [email protected], www.euroafrica.com.pl The contract evidenced by this Waybill is subject to the Carrier’s Tariff and Standard Bill of Lading terms and conditions, applicable to the voyage covered by this Waybill and operative on the date of issue, copies of which are available from the Carrier or his agents, incorporated in which is the following LAW AND JURISDICTION CLAUSE. Law and Jurisdiction CONSIGNEE (1) Unless Clause 25 or 27 applies, any claim against the Carrier under this Bill of Lading shall be determined according to English law in the High Court of Justice in London. (2) The Carrier shall be entitled to pursue any claim against the Merchant in London according to English Law or in any jurisdiction in which the Merchant has assets but then in accordance with the local law of that jurisdiction. (3) Nothing herein shall prevent the parties to any claim or dispute under the Bill of Lading from agreeing to submit the claim or dispute to arbitration by mutually acceptable arbitrator(s) on mutually acceptable terms at a mutually acceptable venue. (It is agreed that no responsibility shall attach to the Carrier or The contract evidenced by this Waybill, which is not a document of title to the goods, is deemed to be a his agent for failure to notify the Consignee of the arrival of the contract of carriage as defined in Article 1 (b) of the Hague Rules and Hague Visby Rules, and every NOTIFY PARTY AND ADDRESS goods [see clause 20 of the Bill of Lading.]) reference in the carrier’s Bill of Lading terms & conditions and tariff to the words “Bill of Lading” shall be read and construed as a reference to the words “Non Negotiable Waybill’. -
LINEWAYBILL 2016 NON-NEGOTIABLE LINER SEA WAYBILL Page 2 I
Shipper Liner Sea Waybill No. Reference No. Consignee (not to order) Notify address Vessel Pre-carriage by Port of loading Place of receipt by pre-carrier Port of discharge Place of delivery by on-carrier Container No./Seal No./Marks and Number and kind of packages, Gross weight, kg Measurement, m3 Nos. description of goods PARTICULARS DECLARED BY THE SHIPPER BUT NOT ACKNOWLEDGED BY THE CARRIER Total number of Containers/Packages or RECEIVED for carriage in apparent good order and condition (unless otherwise stated herein) the total number of Units received by the Carrier SampleContainers/Packages or Units indicated copy in the Box opposite entitled "Total No. of Containers/Packages or Units received by the Carrier" and the goods as specified above, weight, measure, marks, numbers, quality, quantity, contents and value unknown for delivery at the place indicated above. Freight and charges The goods shipped under this Sea Waybill will be delivered to the Party named as Consignee or its authorised agent, on production of proof of identity without any documentary formalities. Should the Shipper require delivery of the goods to a party other than the Consignee stated in this Sea Waybill, then written instructions must be given to the Carrier or his agent. The Shipper shall, however, be entitled to transfer right of control of the goods to the Consignee, Freight payable at the exercise of such option to be noted on this Sea Waybill and to be made no later than the receipt of the goods by the Carrier. The Carrier shall exercise due care ensuring that delivery is made to the proper party. -
Supreme Court of the United States
No. _________ ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- BULK JULIANA LTD. and M/V BULK JULIANA, her engines, tackle, apparel, etc., in rem, Petitioners, versus WORLD FUEL SERVICES (SINGAPORE) PTE LTD., Respondent. --------------------------------- --------------------------------- On Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Fifth Circuit --------------------------------- --------------------------------- PETITION FOR WRIT OF CERTIORARI --------------------------------- --------------------------------- PETER B. SLOSS Counsel of Record [email protected] ROBERT H. MURPHY [email protected] DONALD R. WING [email protected] MURPHY, ROGERS, SLOSS, GAMBEL & TOMPKINS, APLC 701 Poydras Street, Suite 400 New Orleans, Louisiana 70139 Telephone: (504) 523-0400 Attorneys for Claimant-Petitioner, Bulk Juliana Ltd., appearing solely as the Owner and Claimant of the M/V BULK JULIANA ================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i QUESTIONS PRESENTED This petition presents the following unsettled questions of federal maritime law, which are of wide- spread commercial importance to the global shipping community and should be resolved by this Court: 1. Under U.S. law, a maritime necessaries lien arises solely by operation of law and cannot be created by con- tract. Here, a Singapore fuel supplier claims -
WAYBILL Clause (2018.04.01) ”K” LINE LOGISTICS, LTD
WAYBILL Clause (2018.04.01) ”K” LINE LOGISTICS, LTD. <Face Clause> RECEIVED by the Carrier from the Shipper in apparent good order and condition unless otherwise indicated herein, the Goods or the Container(s) or package(s) said to contain the Goods herein mentioned, to be carried subject to all the terms and conditions provided for on the face and back of this Waybill, from the place of receipt or port of loading to the Port of Discharge or Place of Delivery shown herein and there to be delivered. Particulars furnished by the Merchant. All descriptions contained herein considered unknown to the Carrier. None of the terms of this Waybill can be waived by or for the Carrier except by express waiver signed by the Carrier or its duly authorized agent. IN ACCEPTING THIS WAYBILL, the Merchant agrees to be bound by all the stipulations, exceptions, terms and conditions on the face and back hereof, and the terms and conditions contained in the Carrier's applicable Tariff, whether written, typed, stamped, printed or otherwise incorporated, as fully as if signed by the Merchant, any local custom or privilege to the contrary notwithstanding, and agrees that all representations, agreements or freight engagements for and in connection with the Carriage of the Goods are superseded by this Waybill. Moreover, the Shipper accepts the said stipulations, exceptions, terms and conditions not only on his own behalf but on behalf of the Consignee and the Owner of the Goods and the Shipper warrants that he has the authority to do so. Except as otherwise specifically provided in this Waybill, delivery of the Goods will be made only to the Consignee named on the face hereof, or his authorized agent, on production of proof of identity at the Port of Discharge or the Place of Delivery. -
Module Cuzl331 Commercial Law 1: Agency and Sales
MODULE CUZL331 COMMERCIAL LAW 1: AGENCY AND SALES Maureen Banda-Mwanza LLB (UNZA), ACIArb ACKNOWLEDGEMENTS In the formulation of this module, tailored for the exclusive use of Cavendish University, the Author referred to various renown Commercial law books, quotations of which shall be minimized as much as is practicable. The good authors of the renowned works aforementioned are fully acknowledged for the relevance of their various pieces of work in the study of Commercial Law. CONTENTS PAGE TOPIC 1 TOPIC 1 AGENCY AT the end of this unit, students should be able to understand: 1. The requirements in forming an agency contract, formalities and capacity, 2. Authority of an agent 3. The duties of an agent 4. The Agent’s right against the Principal 5. The Principal’s relation with third parties 6. Various types of agency 7. How to terminate an Agency agreement Introduction Agency is one of the essential features of Commercial law. Commercial law is the law governing business contracts, bankruptcy, patents, trade-marks, designs, companies, partnership, export and import of merchandise, affreightment, insurance, banking, mercantile agency and usages. Agency can therefore be defined in the relationship which arises when one person (an agent) acts on behalf of another person (the principal) in a manner that the agent has power to affect the principal’s legal position with regard to a third-party. Common law explains the basic rule of an agency relationship in the Latin maxim “Qui facit per alium, facit per se” the literal English translation of which is he who acts by another acts by himself. -
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 ……………………………………………………………..