Complex Issues, Key Clauses, Risks, Claims, Dispute Resolution and more
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 Topics Covered
- 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 Should Attend
Participants will be expected to have some prior knowledge of charter
parties as the workshops have been designed to tackle this area at an
- Ship owners and managers
- Charterers including Importers, Exporters and Traders
- Port and ship agents
- P&I personnel
- Logistics and shipping professionals
- Legal advisers, solicitors and barristers
- Freight forwarders
- Government bodies and representatives
- 45 years’ experience in shipping & commodities trading
- Provides maritime and commodities commercial claims consultancy and training since 1994.
- Clients include oil majors, commodity traders, shipowners, P&I Clubs, shipbrokers, law firms, banks, governments and international shipping organisations (e.g. BIMCO, Maersk, Cargill, The Institute of Chartered Shipbrokers, Koch Shipping, Mitsubishi Corporation, Woodside Energy, etc).
- Lecturing at UN IOM’s World Maritime University and Shanghai Maritime University as Visiting Professor
- Founding Director and Principal Lecturer of METL (Maritime Education & Training Ltd), providing bespoke training and prepares examinees for the ICS worldwide exams
Professional Affiliations Include:
- Active member of Baltic Exchange since 1976 and has worked with a Lloyd’s underwriter and as a shipbroker, ship owner and operator, gasoil futures broker, charterer and commodities trader in London and abroad.
- Active Supporting Member of LMAA
- Served on the ICS International Controlling Council (UK & Ireland) since 1983. Served on ICS’s London & South East Branch Committee as Education Officer Vice-Chairman and Chairman
- Controlling council of the International Commodity and Shipping Arbitration Service (ICSAS).
- Fellow of the Chartered Institute of Arbitrators since 1997
Live Online Learning
Stay Home. Skill Up!
The current Covid-19 pandemic has put strains on various areas of business, especially when it comes to deriving commercial value from new initiatives. During this phase of self-isolation and working from home, we can help you meet your professional development needs and you can still take your professional development plans to the next level.
To support your learning goals we have converted our face-to-face trainings to LIVE Online Sessions. This way you can continue to attend live and interactive training sessions within the virtual classroom space where you can see and speak, with your Subject Matter Expert and other participants.
Benefits of Live Online Learning
Aimed at offering you immediate, high-quality practical information whilst minimising time and expenditure associated with travelling, our digital training platform enables you to interact in real time with course directors and remotely network with your fellow participants.
- Classroom Experience: Progress with fellow participants as you would in an on-site class
- Guaranteed cost-effectiveness: Travel budget saving, plus 20% price advantage for online participation
- Controlled environment with speakers managing the Q&A and discussions and tools for enhanced interactions
- Module-based approach to effectively manage your time and revisions
- Earn your Digital Certification and broadcast your achievements to your peers
- Onboarding: Available for all attendees
- Proven and secure training platform
Upon completion of this training course, participants will earn a digital badge.
Earners of Charter Party Negotiations Certificate have acquired practical understanding of the complex issues associated with charterparty periods; how to best interpret and draft key clauses to minimise risks and claims. They are skilled in interpreting & using clauses pertaining to laytime & demurrage, payment, charterers’ & owners’ duties, vessel performance claims; and are capable of identifying & strategising dispute resolution approaches.
charter party, drafting, clauses, laytime, demurrage, claims handling, payment of hire, off-hire clauses, deviation, performance, employment orders, paramount clauses, negotiations, voyage charterparty, time charterparty
Attend and participate in the 2 full days of training course duration, led by the designated training expert
- 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
- Understanding the various methods of resolving disputes
- Why is this clause of paramount importance?
- Which type of Paramount Clause can be used in a Bill of Lading?
- Which type of Paramount Clause can be used in a charter party?
THE SHIPOWNERS’ DUTIES
- Hague-Visby Rules: Particularly Articles 3 and 4
- To provide a seaworthy ship
- Properly and carefully to care for the cargo
- To proceed with reasonable dispatch
- Cancellation clauses
THE CHARTERERS’ DUTIES
- Provide cargoes, correctly described
- Pay freight/deadfreight/demurrage/damages for detention
- Port nominations including safe port
COVID-19 CHARTERPARTY LIABILITIES AND RISK MITIGATION
- Charterer rights
- Delays and off hire
- Responsibilities of owners and charterers 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
- Other potentially applicable exclusions
- Application of common charterparty exceptions clauses
LAYTIME AND DEMURRAGE
- When does laytime start to run?
- What suspends laytime?
- When does laytime stop?
- Damages for detention
- Reversible v Non-Reversible v Averageable
- Worked examples of Dry and Wet laytime
- Time charter duration and re-delivery
- Last Voyage Clauses
- Illegitimate last voyages
- Express and implied tolerances
- “Without Guarantee”
- Methods of payment of hire
- Payment on time
- Permitted deductions
REMEDIES FOR NON-PAYMENT OF HIRE
- Withdrawal of ship from charterers’ service
- Suspension of services
- Allowance for late payment: anti-technicality clause & latest law cases
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?
- Stevedore damage issues
- When is a ship underperforming?
- Practical issues
- What is the difference between claiming damages and off-hire?
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.