Some Questions on Contracts of Affreightment
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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. -
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). -
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 …………………………………………………………….. -
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. -
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........................................................................................................................................... -
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 -
The Factors' Lien Act As a Method of Inventory Financing
Case Western Reserve Law Review Volume 4 Issue 4 Article 6 1953 The Factors' Lien Act as a Method of Inventory Financing Richard C. Ogline Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Richard C. Ogline, The Factors' Lien Act as a Method of Inventory Financing, 4 W. Rsrv. L. Rev. 336 (1953) Available at: https://scholarlycommons.law.case.edu/caselrev/vol4/iss4/6 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. [Summer The Factors' Lien Act as a Method of Inventory Financing Richard C. Ogline FOR GENERATIONS businessmen in the United States and other com- mercial countries have been searching for a feasible method of obtaining loans on the security of raw material, goods in process and finished product. The need for such financing arises generally in the case of a small manu- facturer or processor of goods who has already encumbered his real estate and fixtures in order to purchase raw material and requires additional fi- nancing with which to meet salaries, utility costs or other operating ex- penses. His inventory is his only remaining asset of THE AUTHoR (A.B., 1948, Mount Union Col- immediate security value. lege; LL.B., 1951, Western Reserve Umver- The problem is obw- sity) is Law Clerk to the Honorable Emerich B. -
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,