SHIP ARREST in INDIA by Dr. Shrikant Pareshnath Hathi and Ms
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Examiner's Report November 2020
EXAMINER’S REPORT NOVEMBER 2020 SHIPPING BUSINESS Question 1 Answer BOTH parts of the Question You are a shipowner of a ship about to go on voyage chartered and the charterers are asking you to appoint their nominated agent. a) Discuss what your concerns, how can you protect your interests b) what are the advantages of appointing their recommended agent Factors to consider Is the agent financially secure ; Are they able to look after your husbandry matters; Will they favour the charterer over you their principal; Will they charge a fair and reasonable agency fee? A protecting agent can be appointed to ensure that your interests are protected. A protecting agent will be able to look after your usual agency requirements and examine the proposed disbursement account for accuracy and competitiveness with regards to agency fee. In some countries the protecting agent can be nominated as the port agent and be responsible for the port account. If this is the case, then they only need to pay the charterers nominated agents the agreed agency fee Investigate the financial standing of the agency. The nominated agent will be an expert at handling this particular cargo and so will ensure the vessel comes onto the correct berth, the cargo is ready for loading or discharging , the port and stevedores are all fully aware of the requirements and so there is a good chance that your ship will finish early and earn despatch or at least avoid demurrage It will also foster good relations with the charter and encourage them to look to fix more vessels with you. -
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 …………………………………………………………….. -
NEWCASTLE UNIVERSITY Thesis Submitted Towards Phd in History
NEWCASTLE UNIVERSITY Thesis submitted towards PhD in History An examination of the decline of shipbuilding on the North-East Coast of England and the West of Scotland during the interwar period, 1920–1939 W. Paxton October 2017 i CONTENTS Page Copyright, declaration, and dedication .................................................................................. v Abstract ................................................................................................................................. vi Acknowledgements .............................................................................................................. vii List of Diagrams ................................................................................................................. viii List of Tables ......................................................................................................................... x List of Maps ....................................................................................................................... xiii List of Photographs ............................................................................................................. xiii List of Illustrations .............................................................................................................. xiv Appendices ........................................................................................................................... xv Abbreviations ..................................................................................................................... -
Cross-Border Insolvency and Shipping – a Practical Guide1
Cross-border insolvency and shipping – a practical guide1 Julie Soars,2 7 Wentworth Selborne Chambers Sydney3 A criticism has been made of the terms of the Model Law by reason of its failure to recognise and take appropriate account of international maritime law and the operation in Australian jurisdictions of the Admiralty Act. I do not propose to take up those matters in the present Judgment, but those criticisms draw attention to the fact that, for centuries, international maritime law developed its own security regimes for reasons which remain generally observed around the world, including in Australia.4 Admiralty law is only an arcane or obscure branch of the law to those whose legal thinking is informed exclusively by land-based human activity…”5 (in the context of the “international feud” between admiralty and bankruptcy) Two households, both alike in dignity…6 Contents Cross-border insolvency and shipping – a practical guide ............................................. 1 Introduction ........................................................................................................................................................................ 2 Introduction to the UNCITRAL Model Law on Cross-Border Insolvency in Australia ................. 6 The important provisions of the Model Law ...................................................................................................... 9 Interpretation of the Model Law .......................................................................................................................... -
Prepared by Mrs.M.Janani Department of Commerce
Prepared by Mrs.M.Janani Department of Commerce (International Business) Government Arts College, Coimbatore – 18. Reference: Logistics Management and World Seaborne Trade Author: Krishnaveni Muthiah Freight rates – Principles Liner Freight structure Tramp Freight structure Freight rates should cover the costs incurred in the general operation of the transport company and those particular costs which are incurred in connection with a particular consignment, like certain special handling charges. Freight rates for any mode of transport are based on the following principles: 1. Actual Costs: Freight should cover the actual cost of transportation. The actual cost depends on the following factors: a) Fixed Cost: ◦ Freight should cover interest on capital, depreciation, registration, maintenance charges, administrative overheads, expenditure of other fixed facilities, insurance expenses and the like. ◦ Many Transport companies depending on their decision on how much to spend on each of the above stated expenditure items can bring a difference in the actual costs incurred them in comparison to the actual costs incurred by the competitor transport company. b) Semi-fixed Cost: ◦ Freight should cover the salary of the crew employed on the vessel vehicle and other miscellaneous maintenance expenses, which vary partially with the running of the vehicle. ◦ Many a times, shipping companies by employing staff who command lesser salary try to have a competitive edge over other transport corporations. c) Variable Cost: These are cost of fuel, lubricating oil and accessories which are incurred when the vehicle is on the move and the cost of repairs and maintenance directly attributable to a particular journey. For example, Tramp chartering rates will be fixed taking into account the unique variable cost to be incurred for each contract. -
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. -
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 -
Table of Content COMPANY PROFILE
Table of content COMPANY PROFILE Table of Content Profile Cover………………………………………………………………………………………………………………………………………. 1 Table of Content…………….………………………………………………………………………………………………………………….. 2 About Direct Freight Solutions……………………………………………………………………………………………………………. 3 Global Network………………………………………………………………………………………………………………………………….. 4 Our Standards……………………………………………………………………………………………………………………………………. 4 Our Vision………………………………………………………………………………………………………………………………………….. 4 Our Mission……………………………………………………………………………………………………………………………………….. 4 Our Services……………………………………………………………………………………………………………………………………….. 5 Ship Brokering & Heavy Lift Chartering………………………………………………………………………………………………. 5 Heavy Lift Chartering………………………………………………………………………………………………………………………….. 5 Roll-On - Roll-Off Cargo………………………………………………………………………………………………………………………. 7 Project Logistics…………………………………………………………………………………………………………………………………. 8 Barging Operation……………………………………………………………………………………………………………………………… 8 Heavy Transportation………………………………………………………………………………………………………………………… 9 Crane and Heavy lifting Arrangement………………………………………………………………………………………………. 10 Removal & Relocation……………………………………………………………………………………………………………………….. 11 Heavy Industrial Moving……………………………………………………………………………………………………………………. 11 Warehousing Services……………………………………………………………………………………………………………………….. 12 Stuffing and Unstuffing……………………………………………………………………………………………………………………… 12 Packing & Moving………………………………………………………………………………………………………………………………. 13 General Warehousing Services………………………………………………………………………………………………………….. 14 International Freight Forwarding -
Putting Scale Into Perspective Why Big Isn’T Always Better
The official magazine of the Institute of Chartered Shipbrokers Promoting professionalism in the shipping industry worldwide Issue 57 June 2019 Putting scale into perspective Why big isn’t always better Impacts of consolidation | Ship upsizing | Port challenges | Trade evolution ICS TutorShip welcome 2016.qxp_ICS TutorShip welcome A5 17/05/2017 10:48 Page 11 A study experience tailored specifically towards preparation for the Institute of Chartered Shipbrokers’ exams, open to all students irrespective of their method of study. PREP provides students with an intensive, interactive and highly PREP motivating study experience tailored specifically towards preparation for the The Institute’s international revision course is Institute’s exams. now held twice a year for the November and May examinations PREP includes: mock exams, lectures, the opportunity for personal tutoring ‘I thoroughly enjoyed the weekend, both learning and networking. and socialising. I feel much more confident about passing my exams and I hope to be back next year.’ Ricky, Clarksons Port Services ‘It was a perfect weekend of learning and socialising with colleagues from the industry. Will definitely come back next year as it is a great way to prepare toward my exams.’ Jordi, Next Maritime Agency ‘Everything about this year at PREP was fantastic. Every detail had been well thought through. The tutors are fantastic; the Institute’s staff very friendly and make you feel so welcome. The passion from all the staff and tutors is commendable and really shines through.’ Vikki, -
Open for Maritime Business
Open fOr MaritiMe Business Maritime UK One voice for shipping, ports and maritime business MaritiMe uK Open fOr MaritiMe Business Open fOr MaritiMe Business MaritiMe uK minisTerial foreworD mariTime uK Stephen Hammond, Parliamentary Under foreworD Secretary of State for Transport (DfT) Jim Stewart, Chairman, Maritime UK s an island nation the UK’s Meridian – quite literally – makes commerce with the rest of us the centre of the shipping world. any people across the world few other economies could ever athe world has cultivated our Our central time zone means you say the UK is the natural hope to replicate. expertise in maritime business. It is can do business with both sides of mhome of shipping and The City of London is the beating an expertise that we are proud to the world in the same working day. maritime services. They do so for heart of global shipping. Its world- offer on a global scale. To ensure this sector maximises good reason. renowned integrity underpins We have a maritime services its full potential, I have established The largest shipping companies, a commitment to provide the sector which is already worth up – and personally chair – a body of most innovative port operators leadership necessary to support a to £14bn per year despite global Ministers and leaders from across and most comprehensive range of global industry which moves more economic headwinds, and which is Government and industry with a business services – including legal, than 80% of world trade. attracting maritime businesses from clear focus on maximising growth fi nancial, shipbroking and insurance Industry and Government in the around the world. -
MG 4169 Shipbroking and Chartering UK LEVEL: 6 UK CREDITS: 15 US CREDITS: 3/0/3 (Summer 2019)
DEREE COLLEGE SYLLABUS FOR: MG 4169 Shipbroking and Chartering UK LEVEL: 6 UK CREDITS: 15 US CREDITS: 3/0/3 (Summer 2019) PREREQUISITES: MG 1010 Introduction to Shipping CATALOG Dry-bulk and tanker chartering; sale and purchase of ships in theory and in DESCRIPTION: practice. Charter party negotiations, contract documentation and post fixture operational administration. RATIONALE: Students specializing in shipping must understand the essential elements of shipbroking and chartering practices. This course provides a thorough understanding of ship chartering, sale and purchase of ships in theory and in practice. It places emphasis on the practical understanding of the components, the terminology and the dynamics of ship chartering and ship broking. LEARNING OUTCOMES: As a result of taking this course, the student should be able to: 1. Analyze and explain key concepts in shipbroking, chartering practice and charter/agency contracts. (analysis) 2. Prepare charters and assess chartering decisions in the bulk and liner markets. (synthesis and evaluation) 3. Explain the obligations undertaken by the ship owner and the charterer in each of the types of Charter Party and the resulting allocation of costs. (evaluation) METHOD OF TEACHING AND In congruence with the teaching and learning strategy of the college, the LEARNING: following tools are used: a) Classes consist of lectures, discussions and case studies. Throughout the lectures students develop knowledge and understanding related to the subject content. Discussions reinforce students’ cognitive and key transferable skills. b) Office Hours: Students are encouraged to make full use of the office hours of their instructor in order to consult and discuss issues related to the course's content.