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P52241 Shipping Law & Contract Fundamentals
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Shipping Law & Contract Fundamentals

17 – 18 September 2018, Mandarin Orchard Hotel, Singapore

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Team Savings: Register 2 Delegates & the 3rd Comes free!
SILE Accreditation – 12 Public CPD Points
MCF TRAINING GRANT IS AVAILABLE FOR ELIGIBLE PARTICIPANTS.
PLEASE REFER TO WWW.MPA.GOV.SG/MCF FOR INFORMATION.

overview

Key Learning Outcomes

  • Appreciate the critical importance of Shipping Law to risk reduction and profitability when formulating International Trade and Shipment contracts
  • Understand the application of INCOTERMS in relation to interconnected Sale of Goods, Charterparty and Bill of Lading contracts
  • Benefit from interactive reviews and case study discussions of Voyage (GENCON) and Time (NYPE) Charter Party negotiations, fixtures and standard terms
  • Comprehend the legal functions of the Bill of Lading and the regulatory incorporation of the Hague, Hague Visby or Hamburg Rules defences and liabilities
  • Recognise the special circumstances and liabilities that arise when Bills of Lading are issued in connection with Charterparties
  • Raise awareness of the use of Cargo Insurance, Shipowners & Charterers P&I and H&M Insurance to protect the parties to International Trade and Shipment contracts.
  • Understand the use of Jurisdiction and Law clauses and the processes of
  • Mediation, Arbitration and Litigation to resolve maritime trade disputes.

Who Should Attend

  • Executives employed in the shipping industry wanting to expand their knowledge of legal and commercial matters
  • Employees who work for commodity traders or any form of trader who use shipping for exporting or importing commodities and goods
  • Governments or Government Authorities involved with the international shipping industry and wishing to learn more about the legal and commercial framework
  • Anyone who desires to gain a deeper understanding of the legal and contractual framework of the Asian maritime industry
  • Lawyers and Executives in P&I clubs and Insurance companies
  • Bank Executives dealing with the Shipping and Maritime Industry

trainer

Capt. Robert Gordon

Master Mariner & Solicitor (England & Wales) Managing Director, SeaProf Executive Education Former MD and Chairman, SEAsia P&I Services

Agenda

SHIPPING LAW INTRODUCTION

  • Shipping (Dry) Law vs. Maritime (Wet) Law vs. Admiralty (Procedural) Law
  • Common Law and Civil Law jurisdictions in Asia
  • Maritime Conventions and the Regulation of Shipping
  • Salvage, General Average and Limitation of Liability
  • Does ‘International Shipping law’ actually exist?

BASICS OF ENGLISH COMMERCIAL LAW

  • Contract law and shipping
  • Tort (negligence) law
  • Law of agency
  • Statutory law application to contracts issues

INCOTERMS AND INTERNATIONAL SALE AND SHIPPING CONTRACTS

  • Identification of the sale and shipment parties: the seller/shipper, the buyer/consignee, the shipper/ charterer and the shipowner/carrier
  • INCOTERMS and allocation of risk under CIF, CFR or FOB terms
  • Use of bank issued Letters of Credit and MCP terms
  • Interconnection with shipment contracts inclusive of Voyage and Time Charterparties, COA’s and Bills of Lading.
  • Marine insurance aspects inclusive of Cargo, P&I and H&M insurance.

LAW AND PRACTICE OF CHARTERPARTY CONTRACTS

  • Voyage and Time Charter common obligations
    • Owners’ absolute obligation to provide a seaworthy (fit for purpose) vessel
    • Voyages must be completed with ‘utmost dispatch’
    • No deviation from direct route except as may be justifiable or agreed by the Liberty clause
    • Charterer must nominate a safe berth (Voyage C/P) or a safe port (Time C/P)
    • Shipper/Charterer undertakes not to ship dangerous goods
    • Agreement to any GA adjustment at an agreed place under the York Antwerp Rules
    • Incorporation and agreement of the New Jason and Both to Blame Collision clauses.
    • Consequences of breach of contract or anticipatory breach
    • Effect of frustration of the contract
    • Choice of Jurisdiction and Law clause
  • Voyage Charters (including GENCON C/P terms review)
    • Statement of cargo type, weight and load max/min tolerance
    • Freight revenue (gross or net) and whether in advance or on delivery + Deadfreight terms
    • Agreement of Laytime period and Demurrage and Dispatch rates
    • Date of Expected Readiness to Load and
  • Canceling Date.
    • Tender of Notice of Readiness (NOR) and terms for acceptance
    • Starting the Laytime clock and agreed interruptions (e.g. weather, strikes, holidays, etc.)
    • Statement of Facts for load and discharge port
    • Calculation of Laytime and Demurrage or Dispatch
  • Time Charters (including NYPE C/P terms review)
    • Vessel description, including Load Capacity, Speed and Fuel Consumption
    • Charter period inclusive of Redelivery Underlap and Overlap provisions
    • Payment of Hire in advance and right of withdrawal for non payment
    • Hire terms application of Currency, Escalator and Anti-Technicality Clauses
    • Off-hire if full use of vessel is not available to Charterer and deduction from hire payment
    • Employment clause entitling Charterer’s control within the agreed trading area
    • Charterer’s entitlement to require the Master to sign B/L’s not be in conformance with C/P terms
    • Charterer’s obligation to indemnify Shipowner against additional liabilities
    • Charterer’s obligation to return vessel ‘in same good order…fair wear and tear excepted’
    • On-hire and End-hire survey and bunker fuel measurement

VOLUME CONTRACTS OF AFFREIGHTMENT (COA’S)

  • Concept of ‘Industrial Chartering’ as a freight hedging tool
  • Review of BIMCO’s VOLCOA standard form contract
  • Carriage of a large cargo quantity under linked Voyage C/P’s
  • Obligations and rights of the parties

CHARTER NEGOTIATION & ‘FIXING’

  • Chartering process, market pricing and bargaining power.
  • Intermediary role of the Chartering Broker, authority as ‘agent’ and their commission.
  • Terminology including ‘Indication’, ‘Offers’, ‘Main Terms’, ‘Subjects’ and ‘Clean Fix’
  • Use of BIMCO Standard C/P forms e.g. NYPE and GENCON
  • Issues relating to ‘Rider Clauses’ and ‘Fixture Notes’

LAW AND PRACTICE OF BILLS OF LADING

  • Three primary B/L functions
    • Receipt for the cargo
    • Evidence of carriage contract
    • Document of title
  • Three principal parties to B/L contract and impact of COGSA 1992
  • Main B/L types and their use:
    • ‘To Order’ B/L
    • ‘Straight’ B/L
    • ‘Seaway’ B/L
  • BIMCO standard form B/L’s, content review & comparison:
    • CONGEN B/L 2016 (Dry Bulk)
    • CONLINE B/L 2016 (Container)
    • GENWAY B/L 2016 (Way bill)

BILL OF LADING PROBLEMS

  • Shipper’s Letter of Indemnity (LOI) for issuing ‘Clean on Board’ B/L’s
  • Shipper’s LOI for issuing Ante (Pre) and Post dated B/L’s
  • Consignee’s LOI for collection without presentation of B/L
  • Authority of ship’s agent to sign B/L’s on behalf of
  • Master
  • Identification of the contractual carrier and party liable for cargo claims.

CARRIAGE OF GOODS BY SEA CONVENTIONS

  • International cargo liability conventions:
    • Hague Rules 1924
    • Hague Visby Rules 1968
    • Hamburg Rules 1978
    • ‘Hybrid’ national law rules
    • Rotterdam Rules 2008
  • What Rules apply and when?
  • Function of the B/L Clause Paramount
  • Obligations and entitlements of the parties to the B/L
  • Carriers’ exemptions from liability subject proof of due diligence to make vessel seaworthy
  • Carriers’ HV Rules limitation of liability
  • Cargo claims Time Bar and ‘stopping the clock’

MULTIMODAL AND THROUGH TRANSPORT CARRIAGE

  • Containerization and advent of ‘door to door’ delivery
  • Definitions and comparison of Unimodal, Multimodal and Through Transport
  • Multimodal B/L’s and the legal obligations of the ‘door to door’ single contracting carrier
    • Example: MULTIDOC 2016
  • Through B/L’s and the legal obligations of the ‘door to door’ contracting and subcontracting carriers
    • Example: CONLINEBILL 2016
  • Application of the Hague, Hague Visby and Hamburg Rules, together with the CMR, to exempt or limit carrier’s liability.
  • Use of the Himalaya and/or Circular Indemnity Clauses to extend protection of the Rules to subcontractors

MARINE AND TRADE INSURANCE

  • Application of the Marine Insurance Act 1906 and Insurance Act 2015
  • Underlying insurance principles and definitions
  • Cargo insurance policies:
    • Cover provided by ICC Policies forms A, B and C
    • Minimum cover required under INCOTERMS CIF sale and shipment
    • Cargo underwriter’s subrogated recovery against a carrier and their P&I Club
  • Shipowners’, Charterers’ and Traders’ P&I liability (P&I) insurance
    • P&I Club Rules and the shipowners’ and charterers liabilities covered, inclusive of cargo damage and other losses.
    • P&I exclusions from cover and warranties
    • P&I recoveries against 3rd parties and contractors.
    • P&I cover for unpaid cargo GA contributions
  • Shipowners’ Hull and Machinery (H&M) insurance
    • Cover provided by the ITCH 1983 Clauses, inclusive of Salvage, GA and Sue and Labour expenses.
    • H&M exclusions from cover and warranties
    • H&M recoveries against 3rd parties including cargo shipper interests and charterers.

JURISDICTION, LAW & DISPUTE RESOLUTION

  • Choice of Jurisdiction and Law (J&L) clauses and incorporation into C/P and B/L contracts
  • Issues of forum non conveniens to avoid agreed J&L clauses
  • Resolution methodology review and comparison inclusive of:
  • Negotiation
  • Mediation
  • Arbitration
  • Litigation

when & where

17 - 18 Sep 2018

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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