VOYAGE CHARTER PARTY LAYTIME INTERPRETATION RULES 1993 Issued Jointly by BIMCO, CMI, FONASBA and INTERCARGO
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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. -
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. -
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 . -
How to Win at Marine Cargo Claims: an English Perspective the Hague, Hague-Bisby and Hamburg Rules
HOW TO WIN AT MARINE CARGO CLAIMS: AN ENGLISH PERSPECTIVE THE HAGUE, HAGUE-BISBY AND HAMBURG RULES Simon David Jones, English Solicitor Cozen O’Connor Tower 42, Level 27 25 Old Broad Street London, UK +44 (0) 20 7864 2000 [email protected] Atlanta Charlotte Cherry Hill Chicago Dallas Las Vegas* Los Angeles New York Newark Philadelphia San Diego San Francisco Seattle West Conshohocken Washington, DC Wilmington *Affiliated with the Law Offices of J. Goldberg & D. Grossman The views expressed herein are those of the author and do not necessarily represent the views or opinions of any current or former client of Cozen O'Connor. These materials are not intended to provide legal advice. Readers should not act or rely on this material without seeking specific legal advice on matters which concern them. Copyright (c) 2001 Cozen O'Connor ALL RIGHTS RESERVED 1 HOW TO WIN AT MARINE CARGO CLAIMS : AN ENGLISH PERSPECTIVE THE HAGUE, HAGUE-VISBY AND HAMBURG RULES Background At English common law the parties to a contract of affreightment covered by a Bill of Lading or similar document had complete freedom to negotiate their own terms as had the parties to a charterparty. Abuse of the carriers’ stronger bargaining position during the 19th century led to extremely onerous terms being placed in Bills of Lading. The first attempt to redress the balance between the interests of ship and cargo came from the United States in the form of the Harter Act of 1893. It soon became clear to the major marine trading countries that a single Convention binding all contracting parties was preferable to a system of similar but not identical Acts. -
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. -
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 …………………………………………………………….. -
Maritime Carrier's Liability for Loss of Or Damage to Goods Under The
Maritime Carrier's Liability for Loss of or Damage to Goods under the Hague Rules, Visby Rules and the Hamburg Rules, compared with his Liability as an Operator under the Relevant Rules of the International Multimodal Transport Convention. A Thesis Submitted for the Degree of Doctor of Philosophy by Hani M.S. Abdulrahim The School of Law, Faculty of Law and Financial Studies, University of Glasgow February 1994 © Hani M.S. Abdulrahim, 1994 ProQuest Number: 11007904 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 11007904 Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 “ILhl m i GLASGOW C>p I UNIVERr'T library ii To My mother, brothers, sisters and in memory of my father. Acknowledgements I wish with considerable enthusiasm to acknowledge and express my deepest grateful thanks and gratitude to Dr. W. Balekjian and Mr Alan Gamble for their invaluable guidance and encouragement in supervising this thesis. They have given unsparingly of their time to it. It gives me great pleasure to acknowledge the helpfulness of the Glasgow University library staff, and also my deep gratitude to Mrs Cara Wilson who kindly typed this work. -
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 ..................................................................................................................... -
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. -
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 .......................................................................................................................... -
Download the Shipping Network June 2014
Legal Eagles Do you have a burning legal question for the HFW Shipping Legal Network team? Email [email protected] for them to answer your question in the next issue of the Shipping Network . Questions should be of a general nature and not specific to a Eagles... particular live issue. Holman Fenwick Willan’s crack team of specialist shipping lawyers answer your legal questions Under a combined transport bill of lading, “Freight: shall be the freight and all charges, costs, duties where the shipping line is responsible for and expenses whatsoever, payable to the carrier, or incurred by Q delivery to the named destination, should the carrier in carriage of the goods in accordance with the the shipper or any party named as consignee applicable tariff and this bill of lading, including storage, per diem or notify party be responsible for any charges and demurrage.” Guy Main if the container is delivered within the A freight definition of this type arguably includes any charges demurrage-free period shown in the bill of incurred by the carrier as a result of the contract of carriage. There lading, but where the UK port of discharge only allows the may be an argument that ‘expected’ charges are not included shipping line a shorter period free for quay rent? as they should have been provided for in the original quotation, but charges that arise out of a delay to the carriage or otherwise Ascertaining the rights of various parties arise from an event outside of the normal carriage of goods will under a bill of lading is a question of almost certainly be included. -
PERFORMANCE and CANCELLATION of CHARTERPARTIES SUSPENSION / WITHDRAWAL / TERMINATION Notices, Damages and Potential Pitfalls
PERFORMANCE AND CANCELLATION OF CHARTERPARTIES SUSPENSION / WITHDRAWAL / TERMINATION Notices, damages and potential pitfalls A. INTRODUCTION The minds of owners and charterers alike are presently focused (as they should) on the Covid19 outbreak and how they can either utilise existing clauses or put together new clauses dealing with Covid19 in an attempt to refuse to perform or get out of a charter or prevent their contractual counterparty from doing so. Penningtons Manches Cooper has already issued a number of articles and circulars (as well as a contractual tool kit) in respect of the effect of Covid19, the business interruption aspects of it as well as the way forward. But what happens in circumstances where an existing contract is no longer desirable (or indeed financially viable) and one of the contractual counterparties wishes to no longer be bound it, either because of, for example, the state of the market or because the other party are not performing their end of the deal, whether as a result of Covid19 or otherwise? A number of other considerations will of course be relevant (amongst others, the parties’ commercial relationships, the state of the market, the ability to enforce against the non-performing party) but the purpose of this article is to act as a reminder of the various options available to an owner and charterer in the context of refusing to perform or getting out of a charterparty. The above will be considered against a background of seeking to resolve disputes before they even arise, with a view to limiting (to the extent feasible) the costs and delays incurred where the parties engage in arbitration/ litigation proceedings.