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overview
Essentials of Shipping Law, Law of Contract and the critical application to International Trade and the Carriage of Goods by Sea. Updated programme with increased focus on emerging evolutions in Maritime Compliance & Trade Regulations. Key issues include INCOTERMS 2020, IMO 2020, Covid 19 implications on Shipping contracts & cargo movements.
The nature of international shipping transport operations and the multiple stages involved in a world of ‘mega-ships’ gives rise to the essential need to understand the legal and commercial risks and the costs associated with each stage.
This masterclass addresses the legal and commercial bases on which most shipping contracts in use today are created. Sale of Goods contracts, Charterparties, Bills of Lading, Marine & Insurance policies and standard contractual forms will be examined, along with special shipping terms, the associated costs and exposures. We will also examine best practices in contractual governance to manage risks in relation to IMO 2020 regulation, Covid-19 disruption, among other contemporary priorities.
English law, as the basis of the maritime law in many countries such as Singapore, Malaysia and Hong Kong, is illustrated throughout this course. Attention will also be given to international maritime conventions and their impacts on the formulation, regulation and interpretation of shipping contracts. Upon completion of the course, you will also become knowledgeable on dispute resolution and the various systems available to accomplish agreement and settlement.
Key Learning Outcomes & Case Studies Include
- Appreciate the critical importance of Shipping Law to risk reduction and profitability when formulating International Trade and Shipment contracts
- Understand INCOTERMS 2020 in relation to interconnected Sale of Goods, Charterparty and Bill of Lading contracts
- Scrutinise issues arising from Covid-19 and contractual, legal implications
- Understand Marine & Cargo Insurance
- Case study discussions include Voyage and Time Charter Party negotiations, fixtures and standard terms
- Comprehend the legal functions of the Bill of Lading
- Recognise the special circumstances and liabilities that arise in connection to Bills of Lading and Charterparties
- The use of Jurisdiction and Law clauses and the dispute handling processes
pricing
Trainer
Bernard Yee
Managing Director, Resource Law
[Notary Public, Commissioner for Oaths]
Bernard is an experienced litigator and dispute resolution practitioner, a senior specialist for maritime & shipping law. He regularly appears as counsel before courts and arbitral tribunals in Singapore on a wide range of contentious matters. He regularly advises and represents in legal proceedings, arbitrations & dispute resolution processes for shipowners, charterers, P&I Clubs and H&M insurers on shipping & commercial matters – including cross-border asset tracing & enforcement, maritime arrest, freezing injunctions, search orders & evidence preservation orders
Bernard’s experience and qualifications include
- Acting for various shipowners in relation to claims arising from the collapse of OW Bunkers
- Acting for shipowners on various types of shipboard incidents including fire, explosions, suicide, and representing the shipowner in the coroner’s inquiry
- Acting for a drilling equipment provider in a US$25 million claim for damage to a sub-sea drilling system
- Acting for various lenders and creditors to enforce payment of loans and mortgages against debtors and their assets including vessels, property and shares
- Fellow of The Singapore Institute of Arbitrators
- Associate Mediator, Maritime Panel, Singapore Mediation Centre
- Member of the Inquiry Panel constituted under the Legal Profession Act
- Committee member of the Maritime Law Association of Singapore
- The Law Society of Singapore
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
Digital Badge
Upon completion of this training course, participants will earn a digital badge.
Earners of Shipping Law & Contract Certificates have acquired practical legal & commercial understanding of the shipping business, including the basics of English commercial law, INCOTERMS, sale & shipping contracts; multimodal & through transport carriage; shipping P&I and insurance as well as legal dispute resolution. They are also able to analyse how charterparties and COAs are negotiated, the law & primary functions of bills of lading as well as the challenges commonly arising
Skills:
charterparties, contracts of affreightment, english law, incoterms, voyage charter, time charter, P&I, insurance, bills of lading, carriage of goods, shipping law, letters of credit, contaminated bunkers, safe port, safe berth, laytime, demurrage
Eligibility:
Attend and participate in the 2 full days of training course duration, led by the designated training expert
Available to:
Seminar attendees
Agenda
MODULE 1
SHIPPING LAW INTRODUCTION
- Shipping (Dry) Law, Maritime (Wet) Law, Admiralty (Procedural) Law
- Common Law vs Civil Law jurisdictions in Asia
- Maritime Conventions and the Regulation of Shipping
- Salvage, General Average and Limitation of Liability
- Does ‘International Shipping law’ actually exist?
- Shipping Regulations
- IMO 2020 Sulphur emission
- Ballast water management
BASIC OF ENGLISH COMMERCIAL LAW
- English common law system, application and commercial influence
- Contract law principles and the scope of ‘freedom of contract’.
- Tort law, the ‘duty of care’ and ‘vicarious liability’.
- Restitution and the ‘reasonable foreseeability’ test.
- Contract term exclusions and ‘Force majeure’.
CASE STUDY: Charterparty negotiations, binding offers and binding contracts
INCOTERMS 2020 & INTERNATIONAL SALE AND SHIPPING CONTRACTS
- Identification of the sale and shipment parties: the seller/ shipper, the buyer/consignee, the shipper/charterer and the shipowner/carrier
- Insurance and allocation of risk under CIF, CFR or FOB terms
- Letters of Credit and MCP terms
- Interconnection with shipment contracts inclusive of Voyage and Time Charterparties, COAs and Bills of Lading.
- Marine insurance aspects inclusive of Cargo, P&I and H&M insurance.
MODULE 2
LAW & PRACTICE OF CHARTERPARTY CONTRACTS
- Choice of jurisdiction & law clause
- Voyage and Time Charter common obligations
- Vessels’ seaworthiness, Deviation, Liberty clause
- Safe berth, safe port
- Dangerous cargoes
- General average adjustment
- New Jason and Both to Blame Collision clauses
- Breach of contract or anticipatory breach
CASE STUDY: Hong Kong Fir v NKK – chartered vessel’s alleged unseaworthiness & charterer’s right to withdraw from time charter.
- Voyage Charters (including GENCON C/P terms review)
- Statement of cargo type, weight and load max/min tolerance
- Freight revenue + Deadfreight terms
- Laytime period, Demurrage and Dispatch rates
- Date of Expected Readiness to Load and
- Cancelling Date.
- Tender of Notice of Readiness (NOR) and terms for acceptance
- Starting the Laytime clock and agreed interruptions
- Statement of Facts for load and discharge port
- Calculation of Laytime and Demurrage or
- Dispatch
CASE STUDY: The Johanna Oldendorff – whether vessel anchored off a port was an ‘arrived ship’ such that the NOR tendered started the Laytime clock.
- Time Charters (including NYPE C/P terms review)
- Vessel description, Load Capacity, Speed and
- Fuel Consumption
- Charter period, Redelivery Underlap and Overlap provisions
- Payment of Hire and terms
- Off-hire and deduction from hire payment
- Employment clause
- Charterer’s obligations
- Charterer’s obligation to return vessel ‘in same good order…fair wear and tear excepted’
- On-hire and End-hire survey and bunker fuel measurement
MANAGING CHARTERPARTY RISKS DURING AND POST-COVID19
- Force majeure and contract frustration
- BIMCO’s “infectious or Contagious Diseases Clauses”
- Charterers’ rights
- Vetting inspection
- Delay & off-hire
- Safe port warranties
- Force majeure & contract frustration
- Risk management
CASE STUDY: Charterer’s ‘absolute’ obligation to provide bunkers as specified and Shipowner’s claim for engine damage due to provision of contaminated bunkers.
Case Study: Charterparty Contracts for Floating storage
VOLUME CONTRACTS OF AFFREIGHTMENT (COA’S)
- Concept of ‘Industrial Chartering’ as a freight hedging tool
- Review of BIMCO’s VOLCOA standard form contract
- Carriage of a large cargo quantity under linked
- Voyage C/P’s
- Obligations and rights of the parties
MODULE 3
BILLS OF LADING PROBLEMS
- Letter of Indemnity (LOI), ‘Clean on Board’
- Shipper’s LOI
- Consignee’s LOI
- Authority of ship’s agent to sign B/L’s on behalf of Master
- Identification of the contractual carrier and party liable for cargo claims.
CASE STUDY: The Nogar Marin – Master’s Charterparty obligation to sign clean on board B/L’s ‘as presented’ when steel cargo was rusty and damaged?
MANAGE CARGO CLAIMS DURING COVID-19
- Practical considerations: Interruptions in transit, port congestions Vessel quarantine, deviation
- Cargo accumulation and insurance contract limit Delay, demurrage and delay clauses
- Problems and claims with different cargoes
- Delay clauses, demurrage charges, additionaln costs
- Vulnerable goods, perishable items
CARRIAGE OF GOODS BY SEA CONVENTIONS
- International cargo liability conventions: Hague Rules 1924, Hague Visby Rules 1968, Hamburg Rules 1978, Rotterdam Rules 2008
- ‘Hybrid’ national law rules
- B/L Clause Paramount
- Obligations and entitlements of the parties to the B/L
- Carriers’ HV Rules limitation of liability, exemptions from liability
- Cargo claims Time Bar and ‘stopping the clock’
MODULE 4
MULTIMODAL AND THROUGH TRANSPORT CARRIAGE
- Definitions and comparison of Unimodal, Multimodal and Through Transport
- Containerisation and advent of ‘door to door’ delivery
- Liner Trade – Multimodal B/L’s and the legal obligations of the ‘door to door’ single contracting carrier (Example: MULTIDOC 2016)
- Through B/L’s and the legal obligations of the ‘door to door’ contracting and subcontracting carriers Example: CONLINEBILL 2016
CASE STUDY: Container cargo damage scenario, onus of proof and application of B/L terms.
CARGO, P&I AND HULL INSURANCE
- Marine Insurance Act 1906 and Insurance Act 2015
- Underlying insurance principles and definitions
- Cargo insurance policies: ICC Policies forms, INCOTERMS CIF sale and shipment
- P&I Club Rules and the shipowners’ and charterers liabilities covered
- P&I exclusions from cover and warranties
- P&I recoveries against 3rd parties and
- P&I cover for unpaid cargo GA contributions
- H&M insurance
- Salvage, GA and Sue and Labour expenses.
- H&M exclusions from cover and warranties
- H&M recoveries against 3rd parties including cargo shipper interests and charterers.
CASE STUDY: MV Rena – container ship grounding resulting in pollution, cargo damage, salvage, GA and wreck removal.
JURISDICTION, LAW & DISPUTE RESOLUTION
- Choice of Jurisdiction and Law (J&L) clauses and incorporation into C/P and B/L contracts
- Issues of forum non conveniens to avoid agreed J&L clauses
- Resolution methodology review and comparison inclusive of: Negotiation
- Mediation
- Arbitration
- Litigation
DISCUSSION: Factors impacting on choice of dispute resolution method and outcomes.
Case Study: Insurers, Charterers and Owners liability regarding global trade controls & sanctions in shipping
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