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overview
About the Course
Effective vessel chartering as well as post-fixture operations require thorough knowledge of the commercial and legal aspects involved in carriage of cargoes. All parties involved in negotiating charter parties need a firm understanding of practical issues including owners’ & charterers’ duties, payment of hires, laytime/ demurrage among others.
This masterclass offers attendees first-hand legal and operational know-how for improving charterparty agreements, resolving common problem clauses that cause disputes and maximising operational efficiency. Latest issues and case studies are scrutinised to give delegates an edge when managing or handling their respective charterparties.
Key Learning Objectives
- Learn about duty of care and performance obligations of Shipowners and Charterers
- Understand common problems with the charterparty period
- How to negotiate important clauses: what really matters
- Key steps for managing claims and losses
- How to manage risk that may lead to disputes
- Understanding the various methods of resolving disputes
- Explore critical elements including
- Payment of hire and remedies for non-payment
- Employment orders
- Performance claims
- Off-hire clauses
- Laytime and demurrage
- Deviation and liberty clauses
- Common issues in charterparties – liens, dangerous goods, safe ports and paramount clauses
Who Will Benefit
- Ship owners and managers
- Charterers including Importers, Exporters and Traders
- Shipbrokers
- Port and ship agents
- P&I personnel
- Logistics and shipping professionals
- Legal advisers, solicitors and barristers
- Freight forwarders
- Government bodies and representatives
pricing
Live Online Training
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- Get high quality practical training from our expert instructors
- From Face To Face, Online and Blended Learning, get a superior solution for your learning needs
- Learn live online in an interactive environment
- Invest in yourself. Invest in your team.
Register today for our Live Online Training courses and find out how they can help you transform the way you work. Contact one of our training consultants on sgtraining@informa.com to find out more.
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
On-site & in-house training
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