Application, Enforcement and Claims
Key Learning Outcomes
- Characteristics and functions of Maritime Liens and their authority of over other instruments
- Deducing what Property is Subject to a Maritime Lien
- Understanding conflict and choice of laws
- Asserting, discharging and effectively pursuing maritime liens
- Assessing and responding to a lien holder’s claim
- Making sure that Maritime Lien is not lost
- Answering the big question – How does Your Maritime Lien rank?
Dedicated Case Studies on:
- Recent Case Law
- Scenarios of which country to have the Maritime Lien in
- The collapse of OW Bunker Group
- Mortgage enforcement in different countries
Who Should Attend
- Ship owners, managers and operators, charterers and cargo owners, bunker companies, financiers, insurance, shipping, and legal services will find the course useful including:
- Underwriters, Claims and Insurance Managers
- Finance Managers and Financial Controllers
- Partners, Solicitors, Maritime Lawyers, Legal Advisers, and In-house Counsel
- Credit Control Managers and Credit Analysts
- Commercial and Risk Managers
- Recovery Specialists
- Corporate Bankers
“The trainer is very knowledgeable. I gain new ideas about tanker chartering and contract”
– PT Pertamina (Persero)
“Lots of practical examples where discussed and demonstrated. The course material was nicely organized and the speaker is highly qualified in the relevant field. Can learn more knowledge for tanker chartering”
– Nathalin Offshore Pte Ltd
“It’s useful to my job. It is an area of personal interest. The trainer is interesting”
– Equatorial Marine Fuel Management Services Pte Ltd
“Some good topics on Tanker Chartering”
– D’Amico Shipping Singapore Pte Ltd
“The lecturer was very good. The practical tips are useful in application. The case studies are informative.”
– Eastport Maritime Pte Ltd
1. Maritime Lien – their characteristics and functions
2. Maritime liens and other liens compared
Maritime liens are a very powerful legal means of providing security for a maritime claim. They are different from, and more effective than:
- Possessory liens, which depend on the claimant’s possession of the property in question
- Contractual liens, which depend solely on the contract between the parties, and so do not extend to secure tort claims
- Statutory “liens” – ie, statutory rights in rem, where the requirements of the statute must be satisfied
3. What Property is Subject to a Maritime Lien?
- Equipment aboard a ship, licenses, permits, etc. – If the equipment aboard a ship is owned by someone other than the shipowner, is it subject to the maritime lien?
- Liens against cargo and the principles applicable – When can a ship operator assert a maritime lien over cargo once it has given up possession?
4. Conflict and choice of laws
- When is a maritime lien conferred by the laws of one country enforceable in another country? The United States recognizes many more maritime liens than other countries. When are US maritime liens recognized in other countries, and on what basis do countries recognize the maritime liens granted by the laws of other countries?
5. Key Issues in Singapore, and other maritime centers
6. Common claims in the ocean going and inland marine industry which may give rise to a maritime lien
7. Asserting, discharging and effectively pursuing maritime liens
- How should a lienholder proceed? Arresting the ship to assert a maritime lien.
- “Secret” liens need no registration – secrecy is the key to successful assertion, and the real weakness from the ship operator’s point of view.
8. Assessing and responding to a lien holder’s claim
- Security to avert arrest or release the ship from arrest. How P & I Club letters of undertaking constitute an alternative, to which the maritime lien is shifted.
- Ship sale form warranties that no liens are attached. The buyer of a ship wants to know that the ship is free from maritime liens that pre-existed the sale. How is that done, and is it effective?
9. How is a Maritime Lien lost?
- The equitable doctrine of laches. Delay in enforcing a maritime lien may deprive the lienholder of the right to enforce it.
10. How does Your Maritime Lien Rank? The ranking of priorities in the event of ship arrest is complicated, but maritime liens usually rank close to the top.
11. Recent Case Law
12. Case studies
- Bunker industry
- Singapore bunker supplier, bunkers supplied in Malaysia, Panamanian-flagged ship, Japanese time charterer, supply contract says that it is governed by US law. Does the bunker supplier have a maritime lien in Singapore? In Malaysia? In Japan? In Panama? In the United States? Anywhere else?
- Studies based on the collapse of the OW Bunker group of companies. Did the physical bunker suppliers have maritime liens when contracting through the medium of OW Bunker? Did OW Bunker have a maritime lien although it did not provide the bunkers itself but contracted with others to to so
- Mortgage enforcement
- When (if ever) does a mortgagee’s claim get priority over maritime lien claimants? Is the answer to that question different in different countries where the ship might be arrested?
when & where
30 - 31 Jul 2018
Mandarin Orchard Singapore, by Meritus
333 Orchard Road, Singapore 238867
Tel: +65 6831 6062 | Fax: +65 6737 3130
Mobile No.: +65 8298 9442
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