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overview
Key Learning Objectives
- Introduction to Laytime
- Introduction to Demurrage and Despatch
- Calculation of Laytime for dry cargoes
- Shipowners’ and charterers’ duties
- Clauses for dry cargo laytime & demurrage
- When does the clock start to tick?
- Safe ports and berths and anchorages
- Arrived ship, Notices of Readiness
- Profitable use of dry cargo laytime and demurrage in non traditional ways
- Demurrage claims management
- Statements of Facts
- Notes of Protest
- Handling of claims and disputes
- Time bars
Who Will Benefit
Participants will be expected to have little or no prior knowledge of Laytime
- 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
- Government bodies and representatives
About the Course
Laytime and demurrage disputes, if not managed effectively, can lead to significant loss by shipowners, charterers or traders, who could, conversely, create significant profit with better handling of relevant contract clauses. Moreover, laytime and demurrage disputes constitute a substantial proportion of shipping-related cases which are tried by arbitrators and courts in many countries, therefore a thorough understanding of it is essential for those employed by law firms, P&I clubs and recovery agents.
This seminar introduces participants to the fundamentals of dry cargo laytime and demurrage through investigating every aspect of this enormous topic.
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Testimonials
“The trainer has great shipping & commercial background, the topic is highly relevant to my daily work.”
GM, IMC Shipping Co Pte Ltd
“There is a lot of discussion among the participants. The trainer has a lot of knowledge and is generous to share”
Planner, Sumitomo Chemical Asia Pte Ltd
“This is a very hands-on, practical programme for me”
Post Fixture Manager, IMC Shipping Co Pte Ltd
Agenda
REVIEW OF LAYTIME AND DEMURRAGE
- Allocation of risk for delay between owners and charterers
- Definition of laytime, demurrage and despatch
- Types of Laytime
- Fixed time
- Tons/Tonnes per hour or per working/workable hatch
- Custom of port
START OF LAYTIME
- Laydays, early loading clauses, virtual NOR and late arrivals
- “Arrived ship”
- When does it start?
- What suspends time?
- When does time stop running?
- Notice of Readiness (NOR)
START AND STOPPAGE OF DEMURRAGE
- Start of demurrage
- Suspension of demurrage
CALCULATION OF DRY CARGO LAYTIME
- Types of dry cargo laytime – reversible, averageable, nonreversible
- Working days and running hours
- Explanation of terms
- » WWD / WDWP
- » WIBON / WIPON / WIFPON / WECCON
- » SHINC / FHINC / SHEX / FHEX
- Breakdown of different types of machinery
- Damages for detention
- Notice periods, turn times
- Interruptions and exceptions
- Pro rated time for part cargoes
- Shifting and multi berth discharges
- Other issues affecting the calculation of laytime
COVID-19 IMPACTS ON DEMURRAGE AND DETENTION
- Who is responsible for disruption and delay
- Off-hires, vessel quarantine, delayed free pratique, delayed certification
- Voyage charter issues: time count for laytime & demurrage, WIFPON clause
- Who is liable for demurrage and detention charges
- BIMCO, Intertanko Coronavirus clause
LAYTIME AND DEMURRAGE CLAUSES
- Different charterparties and NOR clauses
- Weather clauses
- Practical considerations
- » Letters of protest
- » Dry cargoes focused clauses
DEMURRAGE CLAIMS MANAGEMENT
- Main stages
- Key clauses in contracts which can affect claims
- Securing a settlement
- Enforcement options
CASE STUDY:
A recent laytime and demurrage case will be presented and analysed to give participants a better appreciation of common problems and practical issues arising with Dry cargoes. Specific clauses will be reviewed.
Participants are encouraged to provide alternative solutions to the cases presented and are requested, and requested to send their claim stories latest 1 week prior to this Workshop for general practical and legal discussions (anonymous if preferred).
THE COMMERCIAL CONTRACT TERMS AND CHARTERPARTY CLAUSES
- Relationship between the two – with examples
- Traders’ General Terms and Conditions
PROFITABLE USE OF LAYTIME AND DEMURRAGE IN NON-TRADITIONAL WAYS
- Delaying loading
- During the course of the voyage
- Delaying discharge
HANDLING LAYTIME & DEMURRAGE CLAIMS AND DISPUTES
- Time bars
- Which documents are essential
- Dispute resolution methods – and reasons for choice of arbitration or mediation or litigation
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