Practical strategies for Owners, Charterers and Suppliers
- 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
“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”
“Great insights for bunker disputes. Various perspectives from different parties”
Rio Tinto Shipping
Upon completion of this training course, participants will earn a digital badge.
Earners of Bunker & MFM Dispute Management Certificate have acquired practical awareness and advanced-level skills needed in managing dispute & claim risks associated with MFM regulation and bunker quantity. They have acquired practical references from real-world disputes, case law, and are proficient in MFM-related charterparty clauses (e.g. fitness for purpose, delivery/re-delivery), TR-48, bunker purchase agreement and P&I considerations, e-BDNs, ship arrest procedures and fraud prevention.
Charterparty Considerations, Fitness for Purpose, Bunker Quantity, Delivery and Re-delivery, Bunkering Operation, Quantity Fraud, MFM Jurisdiction, Whistleblowing, Fraud Prevention, MFM Disputes, Bunker Delivery Notes, Legal Issues, Disputes, Claims, TR 48, P&I, Insurance, Ship Arrest, Due Diligence, Risk Management
Attend and participate in the 2 full days of training course duration, led by the designated training expert
Gerald is a partner with Clyde & Co Clasis Singapore. His portfolio of contentious shipping work includes admiralty enforcement, drafting Bunker Trading and Supply including Commodity Swap Agreements, oil and gas disputes for well-known oil majors, marine insurance and P&L matters. He has experience in conducting and instructing arbitration proceedings in London, China, Singapore, Malaysia, Indonesia, Vietnam and Thailand.
On the non-contentious front, Gerald handles ship finance, ship sales and purchases, registration and change of flag matters, review and advice of charterparties, ship management and manning agreements.
Some of Gerald’s past notable cases and experiences include:
- Reviewing and providing advice for Regulation and Compliance in IPO prospectus for IMO, Shipping and other maritime related regulations and conventions
- Advising and drafting of charterparties (bareboat and long term time CPs) and additional/rider clauses and financial leasing arrangements.
- Advising and drafting Bunker Trading and Supply including Commodity Swap Agreements
- Conversant with Ship Arrests matters. Have also instructed foreign counsel on matters related to carriage of goods by sea and air in Malaysia, Indonesia,Vietnam, Greece, Turkey, United Kingdom, Switzerland, Greece, Cyprus and Lagos, Nigeria
- Portfolio includes handling and dealing with commercial advice and claims for several well-known multi-national oil and gas companies; and several Protection & Indemnity Clubs for Owners and Charterers of vessels
- Instructed in matters to act for a variety of clients, who are Oil Majors, Ship Owners, Charterers, Shipyards and Banks, including ExxonMobil, Chevron Texaco, UNIPEC, SINOCHEM Oil, International Far Eastern Leasing Co. (part of the Sinochem Group), ABN AMRO BANK NV, Bank of Communication, Rongsheng Heavy Industries and Hudong Zhonghua Shipyard
Prior to joining Clyde & Co Clasis Singapore, Gerald was at a Singapore law firm where he led the Admiralty and Shipping group.
Partner, Stephenson Harwood
John is a Director of the Singapore Chamber of Maritime Arbitration, a member of the Advisory Board to the National University of Singapore Centre for Maritime Law and a Committee Member of the Maritime Law Association of Singapore. As a recognised expert in charterparty law, John was appointed to the Singapore Maritime Foundation drafting committee for the Singapore Time Charter Form, which eventually evolved into the new NYPE 2015 charterparty form. John has also advised GlobalORE on revisions to the Standard Iron Ore Trading Agreement (SIOTA). John advises on drafting and negotiation of shipbuilding contracts, charterparties, bills of lading, MOAs and associated disputes. John also has particular expertise in the drafting and negotiation of transhipment project contracts. Some of John’s past notable cases and experiences include: – Advising the charterers in relation to a dispute arising out of the withdrawal of the vessel Li Hai for non-payment of hire (see The “Li Hai” – Western Bulk Carriers K/S v. Li Hai Maritime Inc  2 Lloyd’s Law Rep. 389)
- Advising a major shipowner on various disputes (running into hundreds of millions of dollars) arising out of FFA contracts (OTC and cleared) following the global financial crisis.
- Advising a port logistics company on various contracts for loading vessels with iron ore, coal and bauxite and for the movement of these commodities between berths and within ports in various geographical locations, including Indonesia, India, Dubai, East and West Africa.
- Advising an FSRU provider on the drafting and negotiation of the vessel O&M contract for provision of an FSRU into an Asian FSRU project.
- Advising reinsurers in connection with an oil well blowout in Indonesia, resulting from issues relating to an earthquake which occurred during drilling activities.
- Advising an LNG supplier on pro forma medium term contracts for the supply of LNG between ports on both DES and FOB bases.
- Prior to joining Stephenson Harwood LLC, John was Managing Director at ince & Co’s Singapore office.
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
- Avoiding system integrity claims
- MFM reading manipulation and fraud prevention
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
- Clauses for owner, charterer and supplier
- Obligations of charterers
- Fitness for purpose
- 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
- 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)
Reworking Bunker Sale and Purchase agreements for managing supply chain risk
Case Study: Installations, calibration and operations of distillates MFM
- Dual line MFM systems – onboard operations an
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