Agenda

MODULE 1

GENERAL INTRODUCTION

• Formation of contracts under English law
• Express and implied terms
• Warranties & conditions & innominate/intermediate terms
• The relationship between the contract of sale, the charter party and the bill of lading
• The negotiation and formation of the charter party contract

NEGOTIATION TECHNIQUES

• Role of Shipbrokers
• Law of agency and warranty of authority
• “Subjects”

MODULE 2

VOYAGE CHARTERS

THE SHIPOWNERS’ DUTIES

• Hague-Visby Rules: Particularly Articles 3 and 4
• Cancellation clauses

THE CHARTERERS’ DUTIES

• Provide cargoes, correctly described
• Pay freight/deadfreight/demurrage/damages for detention
• Port nominations including safe port

VOYAGE ESTIMATING

• Basic techniques and necessary data

LAYTIME AND DEMURRAGE

• Introduction – why it needs to be included in negotiations

MODULE 3

TIME CHARTERS

• Time charter duration and re-delivery
• Last Voyage Clauses
• Express and implied tolerances
• Payment of hire/on time/withdrawal/grace period
• Permitted deductions

VESSEL EMPLOYMENT ORDERS

• Employment v navigation and safety, incl “HILL HARMONY”
• Orders which a master must or may refuse
• Who is responsible for cargo operations and stevedore damage?

MODULE 4

PERFORMANCE CLAUSE

• Why is this clause of paramount importance?
• Types of Paramount Clause used in bills of lading
• Types of Paramount Clause used in charter parties

COVID-19: C/P LIABILITIES, RISK MITIGATION CLAUSES

• Responsibilities for delays caused by Covid-19
• Consequences of crew illnesses
• Free pratique/quarantine issues
• Safe port warranties
• Charterers’ requirements to provide alternative voyage orders
• Implied indemnity for following charterers’ voyage orders
• Force Majeure and contract frustration
• ‘Coronavirus’ clause
• Additional Vetting Inspection Clause

DISPUTE RESOLUTION CLAUSES

• Importance of negotiating various methods of resolving
  disputes
• Early Neutral Intervention/Mediation/Arbitration/Litigation
• Which law applies to what