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P52277 Shipping Law & Contract Fundamentals
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Shipping Law & Contract Fundamentals

9 – 10 September 2019 | Mandarin Orchard Hotel, Singapore

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MCF Training Grant Is Available For Eligible Participants.
Please Refer To For Information.


  • Recognise the importance of Shipping Law and its critical application to International Trade and the Carriage of Goods by Sea.
  •  Understand the fundamentals of the Law of Contract, Agency and Tort (Negligence) in relation to Shipping Contracts.

Key Learning Outcomes

  • Appreciate the critical importance of Shipping Law to risk reduction and profitability when formulating International Trade and Shipment contracts
  • Understand the application of INCOTERMS in relation to interconnected Sale of Goods, Charterparty and Bill of Lading contracts
  • Benefit from interactive reviews and case study discussions of Voyage (GENCON) and Time (NYPE) Charter Party negotiations, fixtures and standard terms
  • Comprehend the legal functions of the Bill of Lading and the regulatory incorporation of the Hague, Hague Visby or Hamburg Rules defences and liabilities
  • Recognise the special circumstances and liabilities that arise when Bills of Lading are issued in connection with Charterparties
  • Raise awareness of the use of Cargo Insurance, Shipowners & Charterers P&I and H&M Insurance to protect the parties to International Trade and Shipment contracts.
  • Understand the use of Jurisdiction and Law clauses and the processes of Mediation, Arbitration and Litigation to resolve maritime trade disputes.

Who Should Attend

  • Executives employed in the shipping industry wanting to expand their knowledge of legal and commercial matters
  • Employees who work for commodity traders or any form of trader who use shipping for exporting or importing commodities and goods
  • Governments or Government Authorities
  • involved with the international shipping industry and wishing to learn more about the legal and commercial framework
  • Anyone who desires to gain a deeper understanding of the legal and contractual framework of the Asian maritime industry
  • Lawyers and Executives in P&I clubs and Insurance companies
  • Bank Executives dealing with the Shipping and Maritime Industry

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

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

Attend and participate in the 2 full days of training course duration, led by the designated training expert

Available to:
Seminar attendees

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Capt. Robert Gordon Shipping Law & Contract Fundamentals

Capt. Robert Gordon

Master Mariner & Solicitor (England & Wales) Managing Director, SeaProf Executive Education Former MD and Chairman, SEAsia P&I Services



  • Shipping (Dry) Law vs. Maritime (Wet) Law vs. Admiralty (Procedural) Law
  • Common Law and 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?


  • English common law system, its 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..


  • Identification of the sale and shipment parties: the seller/ shipper, the buyer/consignee, the shipper/charterer and the shipowner/carrier
  • INCOTERMS and allocation of risk under CIF, CFR or FOB terms
  • Use of bank issued Letters of Credit and MCP terms
  • Interconnection with shipment contracts inclusive of Voyage and Time Charterparties, COA’s and Bills of Lading.
  • Marine insurance aspects inclusive of Cargo, P&I and H&M insurance.


  • Voyage and Time Charter common obligations Owners’ absolute obligation to provide a seaworthy (fit for purpose) vessel
  • Voyages must be completed with ‘utmost dispatch’
  • No deviation from direct route except as may be justifiable or agreed by the Liberty clause
  • Charterer must nominate a safe berth (Voyage C/P) or a safe port (Time C/P)
  • Shipper/Charterer undertakes not to ship dangerous goods
  • Agreement to any GA adjustment at an agreed place under the York Antwerp Rules
  • Incorporation and agreement of the New Jason and Both to Blame Collision clauses.
  • Consequences of breach of contract or anticipatory breach
  • Effect of frustration of the contract
  • Choice of Jurisdiction and Law clause

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 (gross or net) and whether in advance or on delivery + Deadfreight terms
  • Agreement of Laytime period and Demurrage and Dispatch rates
  • Date of Expected Readiness to Load and Canceling Date.
  • Tender of Notice of Readiness (NOR) and terms for acceptance
  • Starting the Laytime clock and agreed interruptions (e.g. weather, strikes, holidays, etc.)
  • 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, including Load Capacity, Speed and Fuel Consumption
  • Charter period inclusive of Redelivery Underlap and Overlap provisions
  • Payment of Hire in advance and right of withdrawal for non-payment
  • Hire terms application of Currency, Escalator and Anti-Technicality Clauses
  • Off-hire if full use of vessel is not available to Charterer and deduction from hire payment
  • Employment clause entitling Charterer’s control within the agreed trading area
  • Charterer’s entitlement to require the Master to sign B/L’s not be in conformance with C/P terms
  • Charterer’s obligation to indemnify Shipowner against additional liabilities
  • 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

CASE STUDY: Charterer’s ‘absolute’ obligation to provide bunkers as specified and Shipowner’s claim for engine damage due to provision of contaminated bunkers.


  • 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


  • Chartering process, market pricing and bargaining power.
  • Intermediary role of the Chartering Broker, authority as ‘agent’ and their commission.
  • Terminology including ‘Indication’, ‘Offers’, ‘Main Terms’, ‘Subjects’ and ‘Clean Fix’
  • Use of BIMCO Standard C/P forms e.g. NYPE and GENCON
  • Issues relating to ‘Rider Clauses’ and ‘Fixture Notes’


Three primary B/L functions Receipt for the cargo

  • Evidence of carriage contract
  • Document of title
    • Three principal parties to B/L contract and impact of COGSA 1992
    • Main B/L types and their use: ‘
  • To Order’ B/L
  • ‘ Straight’ B/L
  • ‘Seaway’ B/L
    • BIMCO standard form B/L’s, content review & comparison:
  • CONGEN B/L 2016 (Dry Bulk)
  • CONLINE B/L 2016 (Container)
  • GENWAY B/L 2016 (Way bill)


  • Shipper’s Letter of Indemnity (LOI) for issuing ‘Clean on Board’ B/L’s
  • Shipper’s LOI for issuing Ante (Pre) and Post dated B/L’s
  • Consignee’s LOI for collection without presentation of B/L
  • 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?


  • International cargo liability conventions:
    • Hague Rules 1924
    • Hague Visby Rules 1968
    • Hamburg Rules 1978
    • ‘Hybrid’ national law rules
    • Rotterdam Rules 2008
  • What Rules apply and when?
  • Function of the B/L Clause Paramount
  • Obligations and entitlements of the parties to the B/L
  • Carriers’ exemptions from liability subject proof of due diligence to make vessel seaworthy
  • Carriers’ HV Rules limitation of liability
  • Cargo claims Time Bar and ‘stopping the clock’


  • Containerization and advent of ‘door to door’ delivery
  • Definitions and comparison of Unimodal, Multimodal and Through Transport
  • 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
  • Application of the Hague, Hague Visby and Hamburg Rules, together with the CMR, to exempt or limit carrier’s liability.
  • Use of the Himalaya and/or Circular Indemnity Clauses to extend protection of the Rules to subcontractors

CASE STUDY: Container cargo damage scenario, onus of proof and application of B/L terms.


  • Application of the Marine Insurance Act 1906 and Insurance Act 2015
  • Underlying insurance principles and definitions
    • Cargo insurance policies: Cover provided by ICC Policies forms A, B and C
    • Minimum cover required under INCOTERMS CIF sale and shipment
    • Cargo underwriter’s subrogated recovery against a carrier and their P&I Club
  • Shipowners’, Charterers’ and Traders’ P&I liability (P&I) insurance P&I Club Rules and the shipowners’ and charterers liabilities covered, inclusive of cargo damage and other losses.
    • P&I exclusions from cover and warranties
    • P&I recoveries against 3rd parties and contractors.
    • P&I cover for unpaid cargo GA contributions
  • Shipowners’ Hull and Machinery (H&M) insurance
    • Cover provided by the ITCH 1983 Clauses, inclusive of 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.


  • 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.

when & where

09 - 10 Sep 2019

Mandarin Orchard Singapore, by Meritus
333 Orchard Road, Singapore 238867
Tel: +65 6831 6062 | Fax: +65 6737 3130
Mobile No.: +65 8298 9442
Contact Person: Tan Ai Li

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