Volume Contracts of Affreightment – Some Features and Principles
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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. -
Legal and Economic Analysis of Tramp Maritime Services
EU Report COMP/2006/D2/002 LEGAL AND ECONOMIC ANALYSIS OF TRAMP MARITIME SERVICES Submitted to: European Commission Competition Directorate-General (DG COMP) 70, rue Joseph II B-1000 BRUSSELS Belgium For the Attention of Mrs Maria José Bicho Acting Head of Unit D.2 "Transport" Prepared by: Fearnley Consultants AS Fearnley Consultants AS Grev Wedels Plass 9 N-0107 OSLO, Norway Phone: +47 2293 6000 Fax: +47 2293 6110 www.fearnresearch.com In Association with: 22 February 2007 LEGAL AND ECONOMIC ANALYSIS OF TRAMP MARITIME SERVICES LEGAL AND ECONOMIC ANALYSIS OF TRAMP MARITIME SERVICES DISCLAIMER This report was produced by Fearnley Consultants AS, Global Insight and Holman Fenwick & Willan for the European Commission, Competition DG and represents its authors' views on the subject matter. These views have not been adopted or in any way approved by the European Commission and should not be relied upon as a statement of the European Commission's or DG Competition's views. The European Commission does not guarantee the accuracy of the data included in this report, nor does it accept responsibility for any use made thereof. © European Communities, 2007 LEGAL AND ECONOMIC ANALYSIS OF TRAMP MARITIME SERVICES ACKNOWLEDGMENTS The consultants would like to thank all those involved in the compilation of this Report, including the various members of their staff (in particular Lars Erik Hansen of Fearnleys, Maria Bertram of Global Insight, Maria Hempel, Guy Main and Cécile Schlub of Holman Fenwick & Willan) who devoted considerable time and effort over and above the working day to the project, and all others who were consulted and whose knowledge and experience of the industry proved invaluable. -
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 . -
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. -
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). -
Team Tankers Management AS
Team Tankers Management AS Formerly Eitzen Chemical ASA Annual Report 2014 Table of Contents Description of the Company ................................................................................................................................... 4 Introduction to the chemical tanker market .......................................................................................................... 9 Board of Directors’ report .................................................................................................................................... 14 Statement of responsibility .................................................................................................................................. 22 Consolidated Income Statement .......................................................................................................................... 23 Consolidated Statement of Comprehensive Income ............................................................................................ 24 Consolidated Statement of Financial Position ...................................................................................................... 25 Consolidated Cash Flow Statement ...................................................................................................................... 26 Consolidated Statement of Changes in Equity ..................................................................................................... 27 Notes to the Financial Statements ...................................................................................................................... -
The Master's Degree Program in Technical Management Middle- Or Top-Level Technical Supervisors
ROBERT J. THOMPSON and ALEXANDER KOSSIAKOFF THE MASTER' S DEGREE PROGRAM IN TECHNICAL MANAGEMENT The JHU/ APL Technical Management Program is designed to help scientists and engineers become successful managers. Management is presented as an art that the student learns by solving problems in a simulated management role under the tutelage of experienced managers, as well as by lectures, reading, and class discussion. This article presents the curriculum and describes the distinctive features of the in structional approach. INTRODUCTION A graduate program in The Johns Hopkins Univer course is taught by two instructors and several guest lec sity G. W. C. Whiting School of Engineering leading turers, exposing the students to a broad range of ex to the degree of Master of Science in Technical Manage periences and iewpoints. ment is now in its ninth year at the JHU/ APL Educa The students are generally mature scientists and en tion Center. The program is also offered at the Uni er gineers who ha e fi e or more years of professional ex sity's new Montgomery County Center. Its objecti e is perience and who have recently made or expect to make to assist professional scientists and engineers, who ei the transition into management. They are drawn from ther have already assumed management responsibilities a broad cross section of the neighboring technical com or who aspire to a future career in management, in de munity and show considerable diversity in education, veloping their skills for effectively managing technical work experience, and viewpoint. projects and directing the efforts of technical profession als. -
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. -
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 -
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.