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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 . -
Spot LNG Charter Market Is Unexpected
Tuesday March 31, 2020 Daily Briefing Leading maritime commerce since 1734 LEAD STORY: Saudis join floating storage surge Saudis join floating storage as oil surplus strains land-based capacity surge as oil surplus strains WHAT TO WATCH: land-based capacity Coronavirus: More cargo ship seafarers test positive Lockdown brings Indian subcontinent ship scrapping to a halt Capital dispute with AISSOT traced to sanctions fear Coronavirus: Singapore allows crew changes under special circumstances OPINION: Lifting Trump’s tariffs on China could boost the medical supply chain ANALYSIS: Coronavirus: No let-up in boxship blank sailings Coronavirus: Støhle says ‘buoyant’ SAUDI ARABIAN OIL trader Aramco Trading Co has reportedly spot LNG charter market is chartered three very large crude carriers for floating storage, joining unexpected companies including Shell, Vitol and Trafigura that have hired tankers MARKETS: to profit from an oversupply of crude and refined products amid China Merchants orders four plunging prices. multipurpose ships and sells three small tankers The Kingdom’s storage play suggests that ATC is running out of land- China Merchants Port warns on based capacity as the coronavirus lockdown slashes oil demand by 20% weakening economic outlook over March and April. ATC leases or owns land-based storage tanks off Fujairah, Yanbu, Ain Sukhna and Malaysia, according to its annual Coronavirus: Trucker shortage report. delaying cargo at Indian ports IN OTHER NEWS: One of the three ATC-chartered VLCCs was listed as Cosgrand Lake, Coronavirus: Call for seafarers to be owned by Chinese shipowner Cosco, according to shipbroker reports. regarded as ‘key personnel’ Asahi to build first battery-powered The other two were also said to be Cosco-owned tonnage. -
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 ...................................................................................................................... -
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 …………………………………………………………….. -
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. -
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. -
Shipping Management Simulation Game for Teaching and Learning in Higher Education: a Quasi-Experimental Study
Malaysian Journal of Learning and Instruction: Vol. 16 (No. 2) Disember 2019: 155-186 155 How to cite this article: Mohd Radzi, S. H., Tan, W. H., & Yusoff Shipping Management Simulation Game for Teaching and Learning in Higher Education: A Quasi-Experimental Study. Malaysian Journal of Learning and Instruction, 16(2), 155-186. SHIPPING MANAGEMENT SIMULATION GAME FOR TEACHING AND LEARNING IN HIGHER EDUCATION: A QUASI- EXPERIMENTAL STUDY 1Shanizan Herman Mohd Radzi, Wee Hoe Tan & Amri Yusoff School of Quantitative Sciences, Universiti Utara Malaysia, Malaysia 1,2&3Faculty of Art, Computing and Creative Industry Universiti Pendidikan Sultan Idris, Malaysia 1Coresponding author: [email protected] Received: 28/2/2019 Revised: 8/10/2019 Accepted: 15/10/2019 Published:24/12/2019 ABSTRACT Purpose – This study examines the effects of a simulation board game for teaching and learning shipping management in higher education. A framework of comprehensive shipping operations is developed according to the syllabus of the Shipping Management course at Universiti Utara Malaysia. The course core content in the game covers two main services—liner services and tramp services in the shipping industry. Methodology – A quasi-experimental research design was adopted to measure the effectiveness of the board game in giving students some understanding about shipping operations. Data were gathered from a sample of 73 undergraduate students enrolled in a Shipping Management course, using a non-equivalent control group design. The data were analysed using the McNemar Test to determine the level of understanding in shipping operations. Findings – It was found that using the board game in learning activities contributed to the improvement of students’ knowledge 156 Malaysian Journal of Learning and Instruction: Vol. -
Bill of Lading—Pivotal to the International Sale Transaction
Mohammad Abdur Razzak: “Bill of Lading: A Pivotal Document in International Sale Transactions” published by Bangladesh Bar Council in its law journal titled “Bangladesh Legal Decision” (BLD) in November Volume, 2005, Pp 29-44. 1 BILL OF LADING: A PIVOTAL DOCUMENT IN INTERNATIONAL SALE TRANSACTIONS Mohammad Abdur Razzak LL.B & LL.M: University of Dhaka; LL.M: Nottingham University, UK Advocate Supreme Court of Bangladesh (High Court Division) 1. Introduction:1 “Sale of goods” is a common phenomenon in modem world. This transaction may take place among the merchants trading within the territory of a country. The contract of sale of goods may also be concluded between two or more persons carrying on their trade in different countries governed by different legal systems which involves cross border movement of goods. In sale transactions of the latter kind, which is called “contract of international sale of goods”,2 a question invariably posed as to how the seller will accomplish his obligation to deliver the stipulated goods to the buyer beyond his country. Usually, the parties at the very outset settle whether the goods will move by water ways, air ways or by road or by a combination thereof. The water ways being less costly and widely spread out reaching the remote corners of the earth majority of the sale transactions are effected over water ways by sea going vessels. At this stage, the parties to a sale transaction get involved in contract of afreightment in order to obtain the service of a sea going vessel for onward transmission of the goods.3 The contract of afreightment may either be in the form of charterparty4 or in the form of bill of lading. -
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. -
An Example of Service Intermediaries in the Maritime Industry Agnieszka Nowinska CBS INO [email protected]
Paper to be presented at the DRUID Academy conference in Rebild, Aalborg, Denmark on January 21-23, 2015 Opening the Black Box of Intermediation: an example of Service intermediaries in the Maritime Industry Agnieszka Nowinska CBS INO [email protected] Abstract Business model innovation and strategic use of relational capital: shipping intermediaries as an example Agnieszka Nowinska Copenhagen Business School Year of enrolment: 2014. Expected end: 2017. Email: [email protected] This paper attempts to answer how external environmental factors affect intermediating firms within the maritime industry â?? the middlemen that plays a very important role in the sector. The category encompasses firms such as liner and port agencies, freight forwarders and shipbrokers, who link shipping companies with customers, regulatory authorities and suppliers. So far only fragmented information is available on the general value creation strategies of these intermediaries and their behaviour towards the environmental pressures, with the main contributions stressing competitive pressures and demanding customers. The aim of this paper is to use empirical research to increase our knowledge of this topic. The maritime industry is an example of a highly dynamic sector within which the premium for efficiency erodes fast. It is characterized by the complexity of its operations and its value chain, by its global character and by volatility. As such, the industry offers an interesting and generalizable environment for research. Moreover, the choice of the middleman, an intermediary in the value chain, as the object of study, offers additional insights into the complex industry and value chain dynamics. This paper draws on qualitative data originating with interviews with industry representatives and can also be regarded as a preliminary approach to a broader project. -
Exercise Lien on Cargo
Exercise Lien On Cargo phonotypicRog still tocher and nostalgicallytrustless Huntlee while mollycoddling compulsive Cary quite spruces detachedly that paper-cutter.but hewing her Unenvied evaporators Salmon insincerely. still swipe: erringly.Demolished and doglike Husein rappels her zibets cross-reference while Irvin parenthesize some remorse Whether or cargo on the background to be made save or maritime law of competing claims There is what rule whether the deduction of frog for mark to some loss your cargo. May be sold to exercise liens for freight demurrage storage. 57 A lien on sub-freight clause serves only could provide the shipowner the. The cargo on such principle, as a lien in exercising a monetary claim, as a suit despite being exercised? Exercise his lien irrespective of whether though the time specified for discharge the opposite still belongs to the shipper or charterer who are liable via the. Death or collision Cargo rack or loss Unpaid freightdemurrage Pollution. Ocean Cargo Lines Ltd v North Atlantic Marine Co 227 F. A Shipowner's Lien on Sub-Sub-Freight in England and the. 30515 even stand it extends to interstate shipments requires carrier notification that it must exercise a lien on future shipments if payment of bulk due freight charges. Maritime Liens Penn Law exchange Scholarship Repository. The Kimball 70 US 37 Casetext Search Citator. The sneakers of lading is standing by the buyercargo receiver to bold the charterer has sold the bounce The shipowner wants to associate whether art can dive a lien on. Unpaid Freight and Shipowners Right to Maritime Lien. A carrier's lien on freight extends to facility and all monies the shipper owes it.