P52309 Drafting Charterparty Contracts
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Drafting Charterparty Contracts

11-12 March 2020 | Mandarin Orchard Hotel, Singapore

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Register 2 Delegates & the 3rd attends FREE!

overview

Better Risk Allocation Through Clearer Interpretation & Drafting

Key Learning Outcomes & Case Studies Include

  • Revise contract law in shipping, key documents and common obligations in charter parties
  • Understand basic principles of contractual interpretation and misrepresentation
  • Accurately interpret charterparty clauses, terms and conditions including obligations, damages, cancelation and claims
  • Exercise drafting charter parties with better risk allocation across players
  • Clearly indicate delivery/redelivery obligations, laytime, demurrage and other terms in Time &
  • Voyage charters
  • Timely govern boilerplate clauses important to all contracts (sanctions, paramount, pollution risks, safe ports, exception, war risk clauses)
  • Customise charter parties to suit various specific scenarios
  • Scrutinise recent case laws to address interpretation issues

Who Should Attend

  • Ship owners and managers
  • Charterers including Importers,
  • Exporters & Traders,
  • Dry Cargo & Wet Cargo
  • Shipbrokers
  • Port and ship agents
  • P&I personnel
  • Logistics and shipping professionals
  • Legal advisers, solicitors and barristers
  • Freight forwarders
  • Government bodies and representatives

pricing

Packages Price
2 Day TrainingSGD $3595SGD $3395Early BirdEarly Bird

Early Bird Rate: Register & Pay by 17 Jan 2020

Register 2 Delegates & the 3rd attends FREE!
Group rate is based on normal rate of 2-day main conference package only.
For Group Registrations, email register@informa.com or call +65 6508 2401

 

  • Multiple Bookings Discount pricing is applicable to groups of 2 or more delegates from the same organisation registering for the same event, at the same time.
  • Fee stated is the discounted price PER DELEGATE. Only one discount applies; either the early bird rate OR group rate.
  • All fees stated include luncheons, refreshments and complete set of documentation. It does not include the cost of accommodation and travel.
  • All delegates from Singapore-based companies are required to pay an additional 7% GST (SINGAPORE EVENTS ONLY)
  • View payment terms and bank transfer details, click here »

Trainer

John Simpson
Partner, Stephenson Harwood

As a recognised expert in charterparty law, John advises drafting and negotiation of shipbuilding contracts, transhipment project contracts, charterparties, bills of lading, MOAs and associated disputes. He was appointed to the Singapore Maritime Foundation drafting committee for the Singapore Time Charter Form, which evolved into the NYPE 2015 charterparty form. Some of his notable experiences include:

  • Advised charterers in a dispute on the withdrawal of the vessel Li Hai for non-payment of hire (“Li Hai” – Western Bulk Carriers K/S v. Li Hai Maritime Inc [2005] 2 Lloyd’s Law Rep. 389)
  • Advised GlobalORE on revisions to the Standard Iron Ore Trading Agreement (SIOTA)
  • Advised a major shipowner on various disputes (hundreds of millions of dollars’ worth) arising out of FFA contracts (OTC and cleared) following the GFC.
  • Advised a port logistics company on various contracts for loading vessels with iron ore, coal, bauxite and for the movement of these commodities between berths and within ports in Indonesia, India, Dubai, East and West Africa.
  • Advised an FSRU provider on the drafting and negotiation of the vessel O&M contract into an Asian project.
  • Advised an LNG supplier on pro forma medium-term contracts for the supply of LNG between ports on both DES and FOB bases.

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.

Agenda

Contract law in shipping

  • English commercial law and the reasons for including certain standard boilerplate clauses in charterparties)
  • The differences between conditions, warranties and innominate terms
  • Implied terms
  • Basic principles of misrepresentation
  • Whole agreement clauses
  • Some basic principles of interpretation of contracts
  • Rights of Third Parties under contracts

Essential law in charterparties

  • Common obligations
  • General average
  • Choice of jurisdiction and law clauses
  • Bills of lading – commonalities and distinctive features
  • Essential responsibilities and liabilities of the parties, performance agreements

Legal differentiators in types of charter parties

  • Bareboat charters,
  • Time charters,
  • Trip time charters,
  • Voyage charters,
  • Contracts of affreightment Consecutive voyage charters

Accurate interpretation of Charter party clauses/terms/conditions such as

  • Cancellation
  • Damages claims
  • Laycan
  • NOR tendering
  • Despatch obligation
  • Termination
  • Salvage
  • Incorporation of the Hague and Hague Visby Rules

Drafting charterparty clauses with clear risk allocations between the parties

Issues common to all Charterparty types (with exercise)

  • Liens over cargo and/or subfreights
  • Sanctions clauses
  • Paramount clauses
  • Pollution risks
  • Safe port(s)
  • Exception clauses
  • War risks and force majeure

Time Charter issues (with exercise)

  • Delivery/redelivery obligations
  • Vessel Description and warranties (inc speed and consumption)
  • Payment of hire
  • Off-hire
  • Bunker clauses
  • Last voyage clauses

Voyage charter issues (with exercise)

  • Cancellation
  • Notice of Readiness
  • Demurrage, laytime & despatch
  • Freight payment
  • Deadfreight

Class Exercise: Drafting Charterparties for Dry vs Wet Cargoes

Supplytime 2005 and 2017

Knock-for-knock, indemnity and exclusion clauses

  • Drafting and construing liability and indemnity clauses
  • Drafting and construing exclusion clauses

Clauses for Managing disputes

  • Payment
  • Offhire
  • Clauses for Sulphur compliance
  • Customising charterparty clauses for specific scenarios

Recent Case law addressing interpretation issues

when & where

11 - 12 Mar 2020

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

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