Tanker Chartering, Laytime and Demurrage is a 3-day comprehensive masterclass that offers an indepth analysis on the contractual and legal framework behind quality tanker operations and an assessment of the tools necessary to manage these contracts in today’s highly volatile shipping market.
This course will cover common issues in tanker chartering and will provide practical case studies, insights and remedies to these issues.This course is especially relevant for those who deal in tanker chartering and operations in their daily work such as shipowners, charterers, shipbrokers, traders, P&I personnel, claims and cargo handlers, and maritime lawyers.
Key Learning Outcomes & Case Studies Include
- Commonly used standard tanker forms such as Asbatankvoy and Shelltime 4
- Fixing the charter and knowing when is a binding contract made and in what terms
- Negotiating fixtures between brokers
- Understanding what ‘subjects’ are and their legal effect
- Delivery against bills of lading and letters of indemnity
- Charterparty indemnity clauses
- Safe ports and safe berths, force majeure, war and terrorism
- Delivery, final voyage and redelivery in time charters
- The nature of hire and off-hire for time charters
- Laytime, demurrage and the importance notice of readiness
- The principle of “once on demurrage, always on demurrage” and the rare exceptions
- Incorporation of charterparty clauses into bills of lading
Who Should Attend
- Tanker shipowners and charterers
- Ship brokers
- Marine insurance and P&I personnel
- Maritime lawyers and in-house legal advisers
- Claims and cargo handlers
- Salvage and recovery agents
Professor Martin Davies
INTERTANKO Documentary Committee
Maritime Law and Director of the Maritime Law Center, Tulane University Law School, USA; Consultant to Norton Rose Fulbright, an international law firm.
Martin Davies is author (and co-author) of text books on maritime law, international trade law, conflict of laws, and
the law of torts. He has taught maritime law at universities in the United States, Australia, China, Singapore and Italy. He frequently speaks at conferences and seminars around the world. He also has extensive practical experience as a consultant in maritime matters and general international litigation and arbitration.
Martin has advised on cargo claims, arrest and admiralty matters, drafting bills of lading, sea waybills and charterparties, collisions and limitation of liability, oil pollution, salvage, marine insurance, maritime arbitrations and international sale of goods. He is a member of the Documentary Committee of Intertanko.
Upon completion of this training course, participants will earn a digital badge.
Earners of Tanker Chartering Certificate have acquired advanced-level skills in analysing the contractual and legal aspects behind quality tanker operations, tanker charterparties and their clauses. Their range of knowledge includes fixture negotiation, methods of protection against problems associated with bills of lading, letters of indemnity, charterparty indemnity, hire vs off-hire clauses, force majeure and damage clauses; as well as handling the laytime and demurrage issues.
Tanker chartering, laytime, demurrage, freezing injunction, bills of lading, letters of indeminty, charterparty indeminity, due diligence, notice of readiness, charter duration.
Attend and participate in the 2 full days of training course duration, led by the designated training expert
FIXING THE CHARTER (TV)
- When is a binding contract made and in what terms?
- Negotiations between brokers
- The legal effect of “subjects”
- The difference between qualifying the intention to be bound from qualifying the obligation to perform
SAFE PORTS, SAFE BERTHS (TV)
- The elements of the legal definitio of safety
- The nature of the obligation: absolute warranty or due diligence?
- The consequences of unsafety
FREEZING INJUNCTION COMPARED WITH SHIP ARREST
- The main differences
- What to use when
- Limitations and advantages of each
CASE STUDY SESSION 1:
CASE STUDY ON SAFE PORT AND ASSESSMENT OF DAMAGES
FORCE MAJEURE, WAR AND TERRORISM (TV)
- War risk clauses
- Force majeure clauses
- ISPS Code clauses
- The effect of not providing for changed circumstances
DELIVERY: BILLS OF LADING, LETTERS OF INDEMNITY, CHARTERPARTY INDEMNITY CLAUSES (TV)
- The consequences of delivering without presentation of original bills
- of lading
- Methods of protection against those consequences
- The risks faced, despite the methods of protection
- Allocation of those risks
CASE STUDY SESSION 2:
CASE STUDIES ON PIRACY AND DELIVERY WITHOUT ORIGINAL BILLS OF LADING
CONDITION AND DESCRIPTION OFTHE VESSEL (T)
- Vetting clauses, inspections, SIRE
DURATION OF THE CHARTER, DELIVERY AND REDELIVERY (T)
- Overlap/underlap and the concept of the legitimate last voyage
- Damages for late redelivery
- Extending beyond the voyage beyond the final terminal date
- Adding off-hire periods to the period of the charter
CASE STUDY SESSION 3:
CASE STUDY ON CONDITION OF THE VESSEL UNDER TIME CHARTER
HIRE AND OFF-HIRE (T)
- When are deductions from hire permitted?
- Withdrawal for non-payment of hire and the effect of “antitechnicality”
- Different types of off-hire clauses:
- Period clauses v. net loss of time clauses
CASE STUDY SESSION 4:
CASE STUDY ON WITHDRAWAL FOR NON PAYMENT OF HIRE AND ANTI-TECHNICALITY CLAUSES
LAYTIME AND DEMURRAGE (V)
- When can a ship give effective notice of readiness (NOR)?
- Cancelling for late arrival: the lay/can period
- Exceptions to the running of laytime and demurrage
- Is it true that “once on demurrage, always on demurrage”?
CASE STUDY SESSION 5:
CASE STUDIES ON LAYTIME AND DEMURRAGE
On-site & in-house training
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