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P52267/P52268 Bunkering 2020 – Preparation, Disputes and Claims
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Bunkering 2020 – Preparation, Disputes and Claims

20 – 21 March 2019 | Mandarin Orchard Hotel, Singapore

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ENDORSED BY: HONG KONG SHIPOWNER’S ASSOCIATION (HKSOA)
HKSOA & HKMLA MEMBERS: 20% OFF NORMAL RATE (SGD 2,796)
HONG KONG MARITIME & AVIATION TRAINING FUND
MCF TRAINING GRANT IS AVAILABLE FOR ELIGIBLE PARTICIPANTS.
PLEASE REFER TO WWW.MPA.GOV.SG/MCF FOR INFORMATION.
REGISTER 2 DELEGATES & THE 3RD COMES FREE!

overview

 Key Learning Outcomes

  • Supply Side and vessel side considerations in preparing for IMO 2020
  • Trigger factors for fuel quality disputes & claims post-IMO 2020
  • Technical and Operational risk management
  • Drafting considerations in charterparties and other contractual provisions to note post-2020
  • Considerations of P&I clubs
  • Managing disputes with enforcement bodies
  • Claims Management post 2020
  • Managing compliance problem areas with scrubbers

 Who Should Attend

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

  • Bunker suppliers & traders
  • Shipowners, operators and managers
  • Ships’ officers
  • Shipping & port agents
  • Bunker port and terminal operators
  • P&I clubs and insurers
  • Lawyers and In-house legal counsels

trainer

Ian Adams

Managing Director of IMA Marine Ltd,

Private: V Bala

Partner, Rajah & Tann (Singapore)

Chong Jun Tang

Partner, Tang & Co (Hong Kong)

Agenda

Day 1

INTRODUCTION

  • IMO 2020 what does it mean?
  • Desulphurisation – is it an option?
  • Involved parties (charterers, shipowners over fuel-related matters, fines, equipment damages)
  • Potential causes of disputes & claims post-2020
    • Dealing with a range of compliant fuel options
    • Non-compliant fuels on vessels chartered beyond Jan 2020
    • Fuel in vessel redelivery
    • Charterparty clauses
    • Non-compliant fuel indemnity issue

THINKING AHEAD: CHARTERPARTY RUNNING BEYOND 2020

  • Address ambiguity in “low-sulphur fuel”
  • Bunker fuel supplies 2020 – Potential limits, price fluctuation and important bunker clauses on price
  • Specifying bunker clauses on quantity and grades on redelivery under time charters
  • Vessel redelivery – fuels specification especially not covered by ISO 8217
  • Obligations to remove non-compliant fuels in charterparty
  • Who would pay for scrubber fitting?
  • Drydock clauses to consider

CONTRACTUAL PROVISIONS TO NOTE POST-2020

  • Relationship of the Owner to Time Charterer
  • Relationship of the Charterer to the Fuel Supplier
  • Relationship of the Fuel Supplier to the Physical Supplier

GETTING READY – SUPPLY SIDE REQUIREMENTS

  • Operational Considerations for terminals and bunker craft operators
  • Avoiding contamination
  • Providing traceability
  • Managing risks from blending
  • Documentation and record keeping for disputes resolution

GETTING READY – VESSEL AND ON-BOARD REQUIREMENTS

  • Crew training for different types of fuel
  • Testing for compatibility and stability
  • Onboard storage, segregation and handling
  • Dealing with onboard contamination
  • Effective operational planning strategies for LSFO switch prior to 2020

GROUP EXERCISE: TECHNICAL AND OPERATIONAL RISK MANAGEMENT TO MITIGATE CLAIMS

Day 2

POST-2020, WHO WILL CLAIM FROM WHO?

  1. Shipowner
  2. Charterer
  3. Fuel Trader
  4. Physical Supplier
  5. Barge Operator
  6. Storage
  7. Regulatory authorities

POTENTIAL QUALITY CLAIMS AND DISPUTES POST 2020

  • Off Spec fuels – supplier, trader and buyer perspectives
  • Contamination
  • Stability
  • Compatibility & stability
  • Engine

ENFORCEMENT PROVISIONS, AND DISPUTES / CLAIMS WITH AUTHORITIES

  • Current enforcement mechanisms in major ports
  • Obligations and liabilities
  • Recourse
  • Non-compliant fuel carriage ban
  • Role of bunker delivery records in compliance disputes
  • Legal actions against suppliers with non-declared and contaminated bunker fuel
  • Understanding regulation, enforcement provisions, deviations, exceptions

ANTICIPATING AND MANAGING COMPLIANCE PROBLEMS ASSOCIATED WITH SCRUBBERS

  • Compliance assurance monitoring for scrubbers
  • Dispute scenarios
  • Options in case of scrubbers’ breakdown
  • Dealing with wastes

LEGAL AND CLAIMS HANDLING CONSIDERATIONS – NOW AND POST- 2020

  • Time charterers’ general obligations
  • Recommended time charter clauses
  • Bunker operations and sampling clauses – BIMCO
    • Bunker quality control clause for time chartering Bunkers fuel quality
    • Delivery
    • Rights to claim

P&I CONSIDERATIONS

  • Losses resulted from wrong supply, delayed time
  • Indemnities for non-compliance fines or detentions
  • Losses and claims due to fuel-related machinery damages

when & where

20 - 21 Mar 2019

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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