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overview
About The Course
Focusing on commercial & legal aspects, this masterclass sheds light on a comprehensive picture of Chinese shipping industry. Through mapping the industry structure and its important influence in global trade, participants will develop in-depth understanding of stakeholders, shipping operational & commercial strategies, as well as unique insights into regulatory compliance and dispute resolutions.
Key discussions will include major shipping players – ranging from port & vessel operators, shipyards, financiers & leaders, insurers to major charterers, commodity trades, cargo throughputs, trade routes. The Chinese maritime code, PSC regimes and choice of jurisdictional clauses for charterparty and bill of lading will also be explored. You will also examine cargo claims, ship arrest cases in Chinese waters among other contemporary legal and practical insights.
Key Learning Outcomes & Case Studies Include
- Chinese maritime legislation, administration and shipping policies
- Major ports, shipowners, operators, cargo owners, shipping services and shipbuilding industries
- Port state control & legal aspects in relations to Covid-19 (safe port, force majeure, cargo claims, etc)
- Important cargoes’ trade throughputs and trade routes
- Legal and commercial consideration in drafting contracts (charterparty, bills of lading, etc)
- Cargo claims and ship arrest case studies
- Capital structure for Chinese shipping operations
- Marine and cargo insurance policies
- Managing agent network’s performance in China
- Local market dry docking procedures, investment restrictions
- Practical & legal issues with new trade routes
WHO WILL BENEFIT
- Ship Owners, Ship Managers
- Ship Operators, Ship Brokers
- Ship and Port Agents
- Charterers
- Banks, P&I and Financial Institutions
- Bunker Suppliers, TradersWHAT
Course Director
Lianjun Li (MSc, LLM, FCIArb)
Partner, ReedSmith
Lianjun is a leading shipping lawyer with nearly 30 years’ experience. He advises in international trade and commodity disputes, documentary credit issues, shipping disputes (charterparty problems and drafting, ship purchase and sale disputes, bill of lading and cargo claims, P&I matters, ship casualties), ship management contracts, shipbuilding contracts. He also consults international commercial and shipping arbitration and in practical and legal aspects of doing business, negotiation and litigation in China.
Lianjun acts as counsel, arbitrator in various maritime & commercial arbitration, litigation on behalf of many shipowners, shipbuilders, charterers, P&I Clubs, insurers and cargo owners.
His recent work includes:
- MV Ocean Victory – Act for the Defendant in this landmark case on the issue of unsafe ports and safe port warranties (matter value USD190 million)
- MV Bulk Jupiter – Act for the time charterers of the bulk carrier “Bulk Jupiter” which was lost in the South China Sea on or about 2 January 2015 to deal the charterparty dispute
- In Shagang South-Asia (Hong Kong) Trading Co. Ltd v Daewoo Logistics [2015] EWHC 194 (Comm): Represented Shagang South-Asia (Hong Kong) Trading Co. Ltd. and successfully challenged the jurisdiction of the sole arbitrator.
- Reviewing, drafting, negotiating 25 years’ time charters and joint ventures contracts for LNG vessels
Lianjun’s accolades and recognitions include:
- Ranked in Chambers Global for Global-wide Shipping: Litigation and China Shipping: Litigation (International Firms), 2020; Chambers Asia-Pacific for China Shipping: Litigation (International Firms), 2020
- Leading Lawyer in The Legal 500 Asia-Pacific for Hong Kong Shipping, 2019-2020
- Ranked as Band 1 in Shipping Litigation (China) by Chambers Asia-Pacific 2017-2018
- Msc in Maritime Administration (World Maritime University); Msc of Comparative Laws (Stockholm University)
- Visiting Professor: Dalian Maritime University, Jimei University, Korea University, Shanghai Maritime University
Guest Speakers
Cheryl Yu
Counsel Senior Registered Foreign Lawyer (PRC)
ReedSmith
Min Li
Partner
ReedSmith
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Testimonials
“Very well organised and enjoyable. Trainer could answer all questions, paced appropriately, and offered good review on charterparty clauses.”
Head of Operation, Epic Ship Management
“Enjoyable lecture! Very interesting to learn more about the obligations of chartering.”
Assistant Manager, JTP Corporation
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
MODULE 1
CHINESE SHIPPING INDUSTRY
- General Introduction: History and Developments
- Ship Owning and Operators
- Shipping Service
- Major cargoes and trade routes
- Major ports
- Shipbuilding and ship repairs industries
CHINESE MARITIME LAW
- General introduction to Chinese legal system: Civil law legal system
- Maritime Legislation: Substantive law and procedure law
- Maritime Juridical Practice: Interpretations of Maritime Legislation and replies
- Chinese Maritime Code:
- Ships and Ship registration
- Crew Maritime Liens
- Carriers’ responsibilities, exemptions, limitations, defences, time
- Shippers’ obligations
- Collision, Salvage, and time limitations
- Other laws applying to shipping
- Special Maritime Procedure Laws: Background and practice
- International Conventions applying to China
ADMINISTRATION OF MARITIME JUSTICE
- Introduction to Chinese civil and maritime procedure laws
- Introduction of the maritime courts and their jurisdiction; Practical aspects of Court procedures
- Appeal and Review by the Higher of Courts
MARITIME ARBITRATION AND ENFORCEMENT OF FOREIGN ARBITRATION AWARDS AND JUDGEMENTS
- Arbitration law;
- Main arbitration institutes and their rules
- Enforcement of Foreign Arbitration Awards
- Enforcement of foreign judgements
CHOICE OF LAW AND JURISDICTION CLAUSES IN BILLS OF LADING AND
CHARTER PARTIES
- An overview of Chinese practice on choice of law and jurisdictions in bills of lading
- Domestic land and water transportation
- Applicable law and jurisdiction clause in charter parties- drafting and negotiation.
MODULE 2
CARGO CLAIMS, CASUALTIES AND SHIP ARREST IN CHINESE WATERS
- Cargo claims under Chinese Law Cargo shortage claim and CIQ Cargo damages
- Cargo inspections: CCIC/CIQ (China Inspection and Quarantine)
- Arrest of ships and release of vessels from the arrest
- Challenge the jurisdiction of Chinese court
- Ship collision, salvage and pollution
MARINE AND CARGO INSURANCE
- Cargo claims under Chinese law
- Cargo insurers and main terms
- Ship insurers and coverage for carrier’s liability
IMPLICATIONS OF COVID -19 ON SHIPPING AND TRADING IN CHINA
- Charterparty Liabilities – Covid-19
- Responsibilities of owners and charterers for delays caused by Covid-19
- Delays and off hire
- Consequences of crew illnesses
- Demurrage
- Free pratique / quarantine issues
- Safe port warranties
- Requirements for charterers to provide alternative voyage orders
- Provisions of clauses
- Vetting inspection clauses (e.g Intertanko)
- Coronavirus clause (e.g. BIMCO)
- Force majeure & contract frustration
- Cargo Claims & Liabilities
- Deviation, delay, demurrage
- Cargo loss/damages due to delay
- Cargo insurance
- Delayed Vessel construction issues / Drydocking & retrofit contracts
APPOINTING / DEALING WITH SHIP AGENTS IN CHINA
- Legal aspects
- Cost control
- Customs clearance
- Agents’ network performance
- Port and vessel operations
- Cargo documentations
MODULE 3
MARITIME ADMINISTRATION AND ENFORCEMENT
- Maritime Safety Administration in China
- Port State Control: Vessel Inspection & detention
- Tips & checklist for successful PSC inspections
- Ballast Water
- IMO 2020
- Marine pollution and China’s pollution regulations (2019)
- Maritime Mediation by MSA
- Maritime Police and security
- Other aspects
SHIPBUILDING, DRY DOCKING AND REPAIRS IN CHINA
- Foreign participations and investment restrictions
- Shipbuilding, repair and maintenance contracts
- Choice of law & jurisdiction
- Sale of goods vs supply of workmanship & materials
- Ship’s repair
- Disputes – Judicial proceedings or arbitration
- Local market dry docking procedures
MODULE 4
CAPITAL STRUCTURE FOR CHINESE SHIPPING COMPANIES
- Chinese shipping companies’ credit rating
- Banking relationships
- Leasing business
- Vertical integration with raw materials and manufacturing industries
THE NORTHERN SEA ROUTE AND CHINA (SHIPPING COMPANIES’ STRATEGIES) , ONE BELT AND ONE ROAD, CROSS BOARD MARITIME INVESTMENT LEGAL ISSUES
GREATER BAY AREAS AND ONE BELT ONE ROAD – HONG KONG ROLE
- Introduction to Hong Kong legal system
- Arrangements on reciprocal assistance in arbitral and court proceedings between Hong Kong and mainland China
- Hong Kong role in Greater Bay Area and One Belt One Road
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