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P52232 Advanced Bunker and MFM Dispute Management Seminar
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Advanced Bunker and MFM Dispute Management Seminar

26 – 27 March 2018, Singapore

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Team Savings: Register 2 Delegates & the 3rd Comes free!
MCF Training Grant is available for eligible participants.
Please refer to www.mpa.gov.sg/mcf for information.

overview

Practical strategies for Owners, Charterers and Suppliers

Learning outcomes

  • MFM disputes – experiences to date and applying the lessons learnt
  • Reworking contracts to mitigate MFM disputes
  • Legal issues in electronic bunker delivery notes
  • Competing claims – what risks remain and how to protect yourself
  • Reservation of title
  • The correct approaches for Ship arrest
  • Whistleblowing as a tool for fraud protection
  • Owner, Charterer and Supplier perspectives

Who Should Attend

This workshop will benefit anyone involved in bunker trading, sales and purchase and MFM operations including:

  • Bunker suppliers and traders – IOCs, NOCs and independent suppliers
  • Ship owners, operators and managers
  • Ships’ officers and chief engineers
  • Shipping and port agents
  • Bunker port and terminal operators
  • P&I clubs and insurers
  • Marine & bunker surveyors
  • Lawyers and in-house legal counsels

Testimonials

“Content is fruitful with case study. Interesting topics”
Chimbusco Pan Nation Petro-Chemical Co.

“Gives me a better idea about bunkering and legal aspects for bunker contracts and dispute resolutions”
Seabridge Bunkering

“Great insights for bunker disputes. Various perspectives from different parties”
Rio Tinto Shipping

trainer

Gerald Yee

Partner, Clyde & Co Clasis

Agenda

DAY 1
MFM DISPUTES – EXPERIENCES TO DATE

  • Claims against accuracy, testing and calibration
  • TR 48 non compliance
  • Operational disputes and interpretation of bunker meter profile
  • Disagreement in “determination of quantity delivered”

MFM DISPUTES – APPLYING THE LESSONS LEARNT

  • Delivery standards
  • Documentation
  • Avoiding system integrity claims

Group Exercise:
Case studies and role plays in MFM dispute resolution

REWORKING BUNKER SALE AND PURCHASE AGREEMENTS FOR MFM DISPUTES – SUPPLIER, CHARTERER AND BUYER CONSIDERATIONS

  • Clauses to consider for using MFM
  • Definition and scope of delivery by MFM
  • Pre-delivery Checks and Documentation
  • Bunkering Operation and delivery procedure
  • Post-delivery Checks and Documentation
  • Additional requirements for bunker tankers – meter totalizer log, zero verification and meter calibration etc.
  • Metering stoppage and failure

QUANTITY FRAUD IN NON MFM JURISDICTIONS

  • Recent short delivery claims and outcomes
  • Key steps in proving and lodging a claim
  • Claims and enforcement options
  • Important legal steps and timelines

LEGAL ISSUES ARISING FROM ELECTRONIC BUNKER DELIVERY NOTES

  • Key considerations of standard BDNs, and how they will transition in an online environment
  • Fundamental concepts of electronic information storage laws
  • Jurisdictional issues arising
  • Cyber risk insurance

P&I POSITION ON MFM SPECIFIC CLAIMS

  • Quantity claims procedures under MFM
  • The role of accurate documentation
  • Consistency in BDN and invoices
  • Recent claims processed and lessons learnt

DAY 2
CHARTERPARTY CONSIDERATIONS

  • Clauses for owner, charterer and supplier
  • Obligations of charterers
  • Fitness for purpose
  • Causation
  • Delivery and re delivery
  • Anti-lien clauses

RESERVATION OF TITLE – PRACTICAL IMPLICATIONS FROM RECENT RULINGS

  • Nature of contract considerations
  • BOL and documents of title
  • Supplier, seller and buyer perspectives
  • Greater transparency through purchasing platforms

MARITIME LIEN

  • Application of maritime lien in major ports
  • Contracts for ports that don’t recognize maritime lien
  • Lien wording and clauses
  • Who gets paid first and the order of priorities

RECENT CASES AND RULINGS IN COMPETING CLAIMS

  • Singapore and international case law
  • Is purchaser-seller contract a contract for the sale of goods within the meaning of s.2(1) of the Singapore Sale of Goods Act (Cap 393)?
  • Understanding interpleader relief and when it can be applied
  • Claims for damages
  • Remedies available to physical suppliers and buyers

WHEN IS A SHIP ARREST WRONG?

  • Typical cases of wrongful arrest on points of law
  • Recent cases
  • The type of claims that should lead to an arrest – admiralty jurisdiction and the doctrine of personification
  • Arresting for bunkers – a check list
  • Claims for wrongful arrest

COUNTER PARTY DUE DILIGENCE – A CHECKLIST FOR BUNKER BUYERS AND SELLERS

  • Measures for supply chain transparency
  • Risk management from owner, charterers and supplier perspective
  • Allocation of risk (who will arrange and pay for the fuel, will surveys be done, who will pay for those, what evidence can be used for dispute resolution, etc)

Group Exercise:
Reworking Bunker Sale and Purchase agreements for managing supply chain risk

WHISTLEBLOWING AS A TOOL FOR FRAUD PREVENTION

  • Organisational policies required
  • Educating the crew on how to get it right
  • Legal ramifications and whistleblower identity protection

when & where

26 - 27 Mar 2018

Mandarin Orchard Singapore, by Meritus
333 Orchard Road, Singapore 238867
Tel: +65 6831 6062 | Fax: +65 6737 3130
Mobile No.: +65 8298 9442
Contact Person: Tan Ai Li
Email: aili.tan@meritushotels.com
Website: www.meritushotels.com

On-site & in-house training

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