Ship Chartering, Laytime & Demurrage Masterclass

Total Page:16

File Type:pdf, Size:1020Kb

Ship Chartering, Laytime & Demurrage Masterclass ISO 9001:2015 Certified ISO 29990:2010 Certified ISO 29990 23-JAN-18 An Intensive 5 - Day Seminar On Ship Chartering, Laytime & Demurrage Masterclass: Resolution of Commercial & Legal Complexities 16 - 20 Apr 2018, Kuala Lumpur 12 - 16 Nov 2018, Bali (Indonesia) EuroMaTech is proud to be associated with the following accreditation bodies: TION ICA IN IF ST T I MEMBER R T E U C T E R ™ H A R P E Partner P D R I O V V O E D P R The PMI Registered Education Provider logo is a registered mark of the Project Management Institute, Inc Ship Chartering, Laytime & Demurrage Masterclass: Resolution of Commercial & Legal Complexities INTRODUCTION Attendance on EuroMaTech’ s Ship Chartering, Laytime & Demurrage Masterclass training course helps participants to Master the A to Z of Chartering Contracts, Laytime and Demurrage. capitalize on the expert knowledge to gain maximum value on The shipping adventure, sometimes called the carriage of goods these vital issues: by sea involves several stages from the loading voyage, with the vessel sailing in ballast to the loading port, the loading » Attain a comprehensive and in-depth knowledge of ship operation and then the carrying voyage until the unloading or charter contracts discharging of the cargo. The shipowners and charterer roles and » Recognise the differences between the many type of responsibilities in every stage and the inter-play between them charter parties and how it pans out during the course of a voyage will determine » Understand the jargon and abbreviations the success or failure of that voyage. It is important to understand » Appreciate the rights and obligations of Charterers and contractual provisions in a charter party and negotiate the Owners terms in order to avoid pitfalls in chartering of the ships and to » Avoiding pitfalls in negotiating chartering contracts provide for the calculating of laytime and demurrage which will » Manage & Mitigate the risks involved in chartering of invariably affect all the parties’ bottom line. vessels This 5-day Ship chartering, Laytime & Demurrage Masterclass workshop will give participants a comprehensive understanding TRAINING METHODOLOGY of the essential aspects of chartering. The training course will enable participants to better negotiate charter parties, have The Ship Chartering, Laytime & Demurrage Masterclass training insight to make strategic decisions on chartering and to be course will combine presentations with instructor-guided at an advantage when negotiating chartering contracts. The interactive discussions between participants relating to their knowledge and expertise gained from this workshop will enable individual workplace. Practical exercises, video material and case the participants to return to work with many new strategies to studies aiming at stimulating these discussions and providing apply in practice. maximum benefit to the participants will support the training. WHO SHOULD ATTEND? PROGRAMME SUMMARY The Ship Chartering, Laytime & Demurrage Masterclass training This EuroMaTech training course on Ship Chartering, Laytime course is highly recommended for new entrants to the shipping & Demurrage Masterclass aims to enable participants to gain industry, staff in liner shipping companies, chartering and vital and in-depth knowledge in this area covering all the major trading companies. It is particularly useful for staff involved in aspects and gives them valuable key insights into the different day to day shipping operations or administration such as: aspects of chartering contracts which is the backbone of the shipping industry and help participants to avoid risks that are » Contract professionals/negotiators inherent in chartering contracts in a timely manner. » Procurement personnel » Chartering personnel The training course is designed to provide an intensive in- » Legal advisors/personnel depth study of Chartering Contracts, Laytime and Demurrage. » Freight Forwarders Participants will also have the opportunity to learn updates on » Shipping Agents the recent developments in shipping law and practise affecting » Marine Insurers chartering contracts by reviewing case studies and case law. » Legal Advisors » Finance PROGRAMME OBJECTIVES Middle East Office : Telephone : +971 4 4571 800 | Fax : +971 4 4571 801 | e-mail: [email protected] | www.euromatech.com ISO 9001:2015 Certified ISO 29990:2010 Certified ISO 29990 PROGRAMME OUTLINE DaY 01 DaY 04 INTRODUCTION TO SHIP CHARTERING, DEFINING DEMURRAGE, DETENTION AND LAYTIME & DEMURRAGE DEspaTCH • The basic principles of chartering • The fundamental contract law relating to demurrage, • Different types of chartering: time, voyage and bareboat damages of detention, despatch and deadfreight • Understanding Ship owners and Charterer’s roles, • How to determine the rate of demurrage in dry cargo and rights and obligations liquid cargo trades • Common Contract & Commercial terms of charter parties • The liability of charterers for demurrage • Examples of charter parties used in different trades • How to assess the termination of demurrage periods • Understanding shipping trade “jargon” • How to determine the rate of despatch in dry cargo trades • Understand what is laytime, demurrage and despatch • The responsibility of the charterer to load full and complete • Case Studies Reviewed cargo • Role play – Negotiating a Voyage Charter Party • The effect of deadfreight on demurrage • The content and rational of past cases of English Common Law DaY 02 • How to estimate the demurrage/despatch earned • Practical differences in the despatch calculation DEFINING LAYTIME • Practical differences between normal, reversible and average laytime • Legal and operational issue: the laytime • All possibilities and remedies undertaken • The types of laytime DaY 05 • The complications that may occur in the commencement of laytime CalCUlaTING DEMURRAGE • What can be considered as an exception for laytime commencement • How to define laytime and demurrage • Review of recent Case law • How to perform demurrage calculation both for dry and wet charters • Consequence of incorrect choice of wording in drafting DaY 03 charter party clauses regarding demurrage • The importance of diversified interpretation of terms CalCUlaTING LAYTIME agreed • The differentiation in claims resulting from such • How to interpret “Laytime Definitions 2013” and charter interpretation party clauses • Analysing charter party clauses and documents required • The commencement of laytime for calculations • How to assess the duration or laytime • The cessation of laytime • How to estimate the demurrage/despatch earned • How to recognize fundamental differences between dry In-House Training cargo and tanker laytime EuroMaTech is capable of conducting this training • How to make a laytime calculation of multiple charters • Reviewing and analysing case studies programme exclusively for your delegates. Please e-mail us on [email protected] for further information and/or to receive a comprehensive proposal. Middle East Office : Telephone : +971 4 4571 800 | Fax : +971 4 4571 801 | e-mail: [email protected] | www.euromatech.com U.K. Office : Telephone +44 151 709 7100 | Fax +44 151 709 7181 | e-mail: [email protected] | www.euromatech.com Seminar Registration Details Complete & Mail or fax to EuroMaTech at the address given below Please register me on the : £ 16 - 20 Apr 2018, Kuala Lumpur Ship Chartering, Laytime & Demurrage Masterclass: £ 12 - 16 Nov 2018, Bali (Indonesia) Resolution of Commercial & Legal Complexities YOUR DETAILS Name (Mr/Ms): ......................................................................................................................................................................................................................... Position: Organisation: .......................................................................................................................................................................................................... Address: ................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................................ ................................................................................................................................................................................................................................................ City / Country: .......................................................................................................................................................................................................................... Telephone / Fax: ...................................................................................................................................................................................................................... METHOD OF PAYMENT £ Please find enclosed a cheque made payable to EuroMaTech £ Please invoice me £ Please invoice my company as follows: Contact Name: ........................................................................................................................................................................................................................ Company
Recommended publications
  • 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.
    [Show full text]
  • 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 .
    [Show full text]
  • 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 ……………………………………………………………..
    [Show full text]
  • 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.
    [Show full text]
  • Case 3:19-Cv-01259-JR Document 88 Filed 01/06/21 Page 1 of 16
    Case 3:19-cv-01259-JR Document 88 Filed 01/06/21 Page 1 of 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON SHELTER FOREST INTERNATIONAL Case No. 3:19-cv-01259-JR ACQUISITION, INC., an Oregon Corporation, OPINION AND ORDER Plaintiff, v. COSCO SHIPPING (USA) INC., a Delaware Corporation; COSCO SHIPPING LINES (NORTH AMERICA) INC., a Delaware Corporation; COSCO SHIPPING TERMINALS (USA) LLC, a Delaware LLC; RUDY ROGERS, an individual; COSCO SHIPPING LINES CO., LTD.; and JANE AND JOHN DOES NOS. 1-3, Defendants. _______________________________________ RUSSO, Magistrate Judge: Shelter Forest International Acquisition, Inc. (“SFI”) filed this action against defendants COSCO Shipping (USA) Inc., COSCO Shipping Lines (North America) Inc., COSCO Shipping Terminals (USA) LLC, Rudy Rogers, and COSCO Shipping Lines Co., Ltd. (“CSL”) alleging multiple contractually-based claims under state law.1 All parties have consented to allow a Magistrate Judge enter final orders and judgment in this case in accordance with Fed. R. Civ. P. 73 and 28 U.S.C. § 636(c). CSL now moves for summary judgement on its remaining counterclaim pursuant to Fed. R. Civ. P. 56. For the reasons stated below, CSL’s motion is granted in part and denied in part. 1 All parties except CSL were subsequently voluntarily dismissed. Page 1 – OPINION AND ORDER Case 3:19-cv-01259-JR Document 88 Filed 01/06/21 Page 2 of 16 BACKGROUND CSL is a shipping company based in China operating a fleet of oceangoing containerships that transport cargo internationally, including between China and the United States. SFI is an Oregon corporation that imports and distributes lumber, plywood, and other building materials.
    [Show full text]
  • 13-SHIPPING-GLOSSARY.Pdf
    GLOSSARY 2H SECOND HALF A/S ALONGSIDE A&CP ANCHORS AND CHAINS PROVED A/C AIRCRAFT CARRIER A/C ACCOUNT CURRENT A/D ALTERNATIVE DAYS A/M (ANTE MERIDIEM) BEFORE NOON A/O ACCOUNT OF A/S AFTER SIGHT A/S ALONGSIDE AA ALWAYS AFLOAT AA AFTER ARRIVAL AA ALWAYS ACCESSIBLE AA AVERAGE ADJUSTER AAA AGRICULTURAL ADJUSTMENT ACT AAAA ALWAYS AFLOAT, ALWAYS ACCESSIBLE AAOSA ALWAYS AFLOAT OR SAFE AGROUND AAR AGAINST ALL RISKS AARA ALWAYS ACCESSIBLE OR REACHABLE ON ARRIVAL AB ABLE SEAMAN AB ABLE BODIED SEAMAN AB AVERAGE BOND ABS AMERICAN BUREAU OF SHIPPING ABT ABOUT AC ALTERNATIVE CURRENT AC ACCOUNT AC ALTERNATING CURRENT ACC ACCOUNT ACC ACCEPTED ACK ACKNOWLEDGE ACV AIR CUSHION VEHICLE AD AFTER DATE AD AREA DIFFERENTIAL AD VAL (AD VALOREM) ACCORDING TO VALUE ADCOM ADDRESS COMMISSION ADF AUTOMATIC DIRECTION FINDER ADJ ADJUSTMEN ADV ADVANCEMENT OF SPECIAL SURVEY ADVT ADVERTISEMENT AF ANTI-FOULING AF ADVANCED FREIGHT AF ALSO FOR AFFF AQUEOUS FILM FORMING FOAM AFRA AVERAGE FREIGHT RATE ASSESSMENT AG ARABIAN GULF AGB ICE BREAKER AGC AMPHIBIOUS VESSEL AGT AGENT AGW ACTUAL GROSS WEIGHT AGW ALL GOING WELL AH AFTER HATCH AHD AHEAD AHL AUSTRALIAN HOLD LADDERS AHTS ANCHOR HANDLING TUD AND SUPPLY VESSEL AIS AUTOMATIC IDENTIFICATION SYSTEM ALERT AUTOMATIC LIFE-SAVING EMERGENCY RADIO TRANSMITTER ALRS ADMIRALTY LIST OF RADIO SIGNALS ALT ALTERNATING AM ABOVE MENTIONED AM AIR MAIL AMSL ABOVE MEAN SEA LEVEL AMT AMOUNT AMVER AUTOMATED MUTUAL ASSISTANCE VESSEL RESCUE SYSTEM AMWELSH AMERICANISED WELSH COAL CHARTER PARTY ANERA ASIA-NORTH AMERICA WESTBOUND RATE AGREEMENT ANOP
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • International Maritime Organization Maritime
    INTERNATIONAL MARITIME ORGANIZATION MARITIME KNOWLEDGE CENTRE (MKC) “Sharing Maritime Knowledge” CURRENT AWARENESS BULLETIN MAY 2019 www.imo.org Maritime Knowledge Centre (MKC) [email protected] www d Maritime Knowledge Centre (MKC) About the MKC Current Awareness Bulletin (CAB) The aim of the MKC Current Awareness Bulletin (CAB) is to provide a digest of news and publications focusing on key subjects and themes related to the work of IMO. Each CAB issue presents headlines from the previous month. For copyright reasons, the Current Awareness Bulletin (CAB) contains brief excerpts only. Links to the complete articles or abstracts on publishers' sites are included, although access may require payment or subscription. The MKC Current Awareness Bulletin is disseminated monthly and issues from the current and the past years are free to download from this page. Email us if you would like to receive email notification when the most recent Current Awareness Bulletin is available to be downloaded. The Current Awareness Bulletin (CAB) is published by the Maritime Knowledge Centre and is not an official IMO publication. Inclusion does not imply any endorsement by IMO. Table of Contents IMO NEWS & EVENTS ............................................................................................................................ 2 UNITED NATIONS ................................................................................................................................... 4 CASUALTIES...........................................................................................................................................
    [Show full text]
  • An Appraisal of Demurrage Policies and Charges of Maritime Operators
    An Appraisal of Demurrage Policies and Charges of Maritime Operators in Nigerian Seaport Terminals: the Shipping Industry and Economic Implications Procjena politika i trošarina pomorskih operatora na prekostojnice u nigerijskim morskim terminalima: implikacije na brodarstvo i ekonomiju Obed Ndikom Nwokedi, Theophilus C. Sodiq, Olusegun Buhari Department of Maritime Management Department of Maritime Management Department of Maritime Management Technology Technology Technology Federal University of Technology Federal University of Technology Federal University of Technology Owerri Owerri Owerri e-mail: [email protected] e-mail: [email protected] Kenneth Okeke Okechukwu Department of Maritime Management DOI 10.17818/NM/2017/3.3 Technology UDK 656.615:330.13 Federal University of Technology Review / Pregledni rad Owerri Paper accepted / Rukopis primljen: 27. 2. 2017. Summary This research evaluated the demurrage policies and charges of selected shipping KEY WORDS companies and terminal operators in the Lagos ports and the implications in the demurrage economy and shipping industry in Nigeria. It adopted the survey approach to gather policies data from the dominant container operators (carriers) and the terminal operators. maritime operators Demurrage duration and categorization of the demurrage periods and charges for each seaports period by the selected operators were collected and compared using the statistical tool shipping industry of analysis of variance to determine if there are differences among the charges and charging systems. It was found that, significant differences do not exist in the average rate of demurrage charges per container per day among the shipping companies and terminal operators in Lagos seaports. The study also found that there is no significant difference in the average amount charged as demurrage among the shipping companies and terminal operators in the three differing periods of demurrage duration in Lagos ports, Nigeria.
    [Show full text]
  • Cargo Liens for Unpaid Hire and Freight Due Under a Time Or Voyage Charterparty
    Cargo liens for unpaid hire and freight due under a time or voyage charterparty During periods in which the global shipping economy is volatile, the likelihood of unpaid freight or hire occurs with higher frequency. Recently, the Club has witnessed charterers facing difficulty in meeting their obligation to pay freight due under a charterparty. In such circumstances, the shipowner may want to know if he is able to exercise a lien on the cargo until he has been paid the freight or hire due under the charterer. There must be a right of lien in the charterparty By Gho Sze Kee, Deputy Claims Manager The shipowner needs to determine if the charterparty will grant him a possessory lien over the cargo for the unpaid freight and As such, where the bill of lading incorporates a lien clause for unpaid hire. The more clearly a lien clause is drafted, the easier it is for the hire (as opposed to freight), the shipowners then has a right under shipowner to determine the scope of the lien clause and therefore the bill of lading to lien the cargo regardless of whether it is owned exercise his possessory lien for the unpaid freight or hire. by the charterers. Examples of widely drafted lien clauses that extend to and protect the shipowners right to lien, are clause 8 of GENCON 1994 Clause 1 of CONGENBILL All terms and conditions, liberties and exceptions of the Charter charterparty and clause 23 of NYPE 93. Party, dated as overleaf, including the Law and Arbitration Only when hire or freight under a charterparty becomes ‘due’ and Clause, are herewith incorporated.
    [Show full text]
  • Technical & Operations Management (For Chartering & Commercial Professionals)
    Technical & Operations Management (For Chartering & Commercial Professionals) TOCM is designed for busy Managers and Executives employed in Commercial Shipping, Ship Owning, Banks and legal firms. When a chartering manager fixes a ship, the product, it is essential that he or she understands the specification of this product to avoid claims. An understanding of key areas of technical management and operations will help optimise the earnings without over commitment. Matters such as speed/consumption in the TC description, condition of the vessel, holds & cargo gear, compliance with new rules and regulations (BWTS, IMO Marpol Annex VI etc.), air draft, UKC etc. etc. are important and this knowledge is immensely helpful. The module also lays emphasis on effective communication and team working between chartering, operations and technical. Course Outline TOCM - Registration Key technical specifications affecting commercial value of vessels (trading) - Dry Cargo & Tanker Vessels Load-line, surface area, TPC, fee surface effect, GM and stability of a ship and other key terms Impact of cargoes on cargo hold paint and structure Dry Docking & Special Surveys Speed & Fuel Consumption warranties & claims New rules & regulations and their impact on Supply of ships Proactive Approach to safeguard interests Soft Skills: Effective Communication Team working Date: 21st & 23rd July 2020 (two sessions of 3.5 hours each) Time: Hong Kong / Singapore / China: 3 pm - 6.30 pm India: 12.30 pm - 4 pm Dubai: 11 am - 2.30 pm Qatar / Cyprus / Istanbul: 10 am - 1.30 pm Geneva: 9 am - 12.30 am 1 Course Leader Jagmeet Makkar MSc FICS FRINA FIMarE(I) FHKIArb MCIArb MHKMAG AFIDRRMI Chairman of Maritime & Logistics Arbitration, Hong Kong Centre of International Commercial Arbitration Jagmeet has a unique combination of academic prowess, teaching and vast experience in commercial and technical areas of shipping.
    [Show full text]