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overview
Key Learning Objectives
- Explain why and how Agency is a crucial element of the maritime industry
- Determine when an agency relationship arises
- Identify the parties to an Agency relationship
- Identify situations when an agent can become liable to the other parties in an agency relationship
- State rights and obligations of Agents and Principals
- Point out various standards and regulations that have an impact on a shipping agent
- Describe contents of and use certain port working documents
- Analyse and relate the roles of port agents relating to bills of lading and charter parties
- Analyse and briefly state roles of agents relating to marine insurance
About the Course
The shipping business is primarily an international business. For example, ships might be owned in one country, insured in a different country, hired by a person in third country, and carry cargoes from a fourth country to a fifth country.
The persons who own and hire the ships cannot always be personally present to look after the activities of the ships or the loading and discharge of the cargoes or any other activity connected with making contracts.
When one person (a ‘Principal’) cannot be present to make a contract with a third party involving the ship, another party may be appointed representative. This commences an ‘Agency’ relationship, with obligations and rights that are recognised by others in the shipping business and maritime industry.
When something goes wrong, the law is used to determine who is at fault and who is liable for compensation. As an agent you need to know and apply and follow certain rules and practices or you can very easily end up being regarded in law not as agent – but as the principal. You can then be called on to uphold the contract out of your own pocket.
If agency is new to you, this intensive two-day course will help you to identify these legal and practical issues. Meanwhile if you are already a professional in the shipping business, the course will refresh and deepen your knowledge and aid your professional development.
Who Will Benefit
- Newcomers to the maritime industry and shipping business
- Staff of agency firms offering services to the maritime industry including tramp ships and liner vessels
- Shippers, exporters, importers and other users of ships
- Staff in stevedoring firms
- Freight forwarders and customs agents and others acting as NVOCs
- Shipbrokers, marine insurance brokers, ship’s masters
- Practising staff in law firms seeking an introduction to agency relationships in the shipping business
- Port and terminal operators
- P&I correspondents
- Ship and cargo surveyors
- Lloyd’s agents
- FOSFA superintendents, and others
Singapore MCF Grant
You may be eligible for the Singapore Maritime Cluster Fund (MCF) Grant for up to 50% of the total course fee. Please contact Sushil Kunwar on +65 6989 6614 or email [email protected] for more information and eligibility criteria.
Agenda
A general introduction to agency and its law
- What is agency? Who is an agent? Who is not an agent? Who are intermediaries?
- Dramatis personae in an agency relationship
- Common types of agents – examples in commerce and shipping
- Agency in law
> Creation of agency
> Authority and mandate
> Breach of warranty of authority
> Ratification - Agent’s obligations – contractual and statutory
- Conflicts of interest
> Owner’s and charterer’s agents - Principal’s obligations
- Termination of agency
When things go wrong
- What can go wrong?
- Liability of agent to principal
- Agent’s liability
> Disclosed principals
> Undisclosed principals
> Exceeding scope of authority
> Liability to third parties - Professional Indemnity for agents
- Liability of principal to agent
Specific agency relationships in the shipping business – an overview
- Master and crew
- Ship’s husbands
- Shipping employees
- Port agents
- Ship’s agents
- Charterer’s agents
- Sub-agents
- Liner agents
- Charter brokers
- Freight forwarders and customs brokers
- Sale and purchase brokers
- ISM code representatives
- Insurance agents and brokers
- Cargo claims agents
- Solicitors
- Ship and cargo surveyors
- P&I correspondents
- Ship managers
- Classification societies (for flag administrations)
Agency in an international context
- International standards for maritime agents
- Regulation of maritime agents
Practical issues
- Ships, Cargoes, Trades, Registry, Class, Surveys
> Ship and cargo
> Classification
> Convention compliance - Manning and crew matters
- ITF
- IMO
> Conventions
– Domestic legislation - ISM
- ISPS
- P&I matters
- Ship arrest
- Port and harbour officials and authorities
> Roles and interaction with port agents
> Federal
– Customs
– Quarantine
– Port State Control
> State
– Harbour masters
– Pilots
– Port authorities
Port working documents
- Pre-arrival documentation
- Arrival documentation
> Notice of readiness - Letters of protest
- ‘Marine Notes Of Protest’
- Statements of facts
- Time sheets
- Disbursement accounts
- Cargo declarations
> Dangerous goods
– Nature of some cargoes
The agent and sea carriage documents
- Signing of a bill of lading
> How is authority given
> Who has carrier’s authority?
> Booking notes and mate’s receipts - Gaps in authority
> Cargo not in fact loaded
> Grant vs Norway
> Bill of lading as conclusive proof of shipment
> Maritime fraud, agents and bills of lading - International ‘rules’ for risk allocation
> Hague rules
> Hague-Visby rules
> Hamburg rules
> Rotterdam rules
The agent and charterparties
- The fixture
> The chartering broker and the marketplace - The voyage
> The charterer’s voyage agent
> Dual agency: owner’s protecting agent
> Charterer’s agent’s obligations
> Time charters
> Voyage charters - Statements of fact
– Principles of laytime and demurrage
> Charter hire/freight reconciliation accounts
The agent in marine insurance
- The agent and the insurance contract
> Agent vs Broker - The proposal
- The slip and the policy
> When is a slip a policy? - Cover notes issued by brokers
- The agent and the premium
> Lloyd’s agents
> P&I correspondents
On-site & in-house training
Deliver this course how you want, where you want, when you want – and save up to 40%! 8+ employees seeking training on the same topic?
Talk to us about an on-site/in-house & customised solution.