VOYAGE CHARTERING SHANGHAI

Transcription

1 VOYAGE CHARTERING SHANGHAI 7-8 March 2016

2 MONDAY, 7 MARCH 08:30-09:00 Registration / Coffee 09:00-09:30 Introduction to Participants and Workshops Wayne Zhuang, Regional Manager of Asia, BIMCO The Framework 09:30-10:00 Formation and Terms of the Charter The binding agreement The parties Subjects Terms Law governing the contract 10:00-10:30 Why Do You Need a Charter Anyway? The sale contract and its inter-action with chartering Types of charter: bareboat, time, voyage and CoAs 10:30-11:00 Coffee 11:00-12:00 Description of the Vessel and Seaworthiness Qualifications - About and Without Guarantee Contractual consequences of misdescription Seaworthiness: meaning and extent of obligation The Four Stages (plus one) 12:00-12:30 The Voyage to the Loading Port The position of the vessel at the time of fixing The obligation to proceed to the loading port Expected ready to load ETA and other notices required 12:30-13:00 Ports, Places and Berths Port, Berth or Place Safe/Unsafe port/berth Cargo operations Notification of readiness Allocation of risk and cost of loading, stowage 13:00-14:00 Lunch 14:00-14:30 The Cargo on Board Charterers obligations and rights Owners obligations and rights Express exceptions clauses Dangerous cargo Deck cargo VOYAGE CHARTERING 14:30-15:00 Cargo on Board Bills of lading, Hague/Hague Visby and Rotterdam Rules Functions of the Bill of Lading and its relationship with the Voyage Charter Duties in relation to and under the Bill of Lading

3 MONDAY, 7 MARCH (cont.) 15:00-15:30 The Carrying Voyage Routing, deviation and delay Voyage to alternative ports 15:30-16:00 Discharge and Delivery of the Cargo Receivers and their rights and obligations Allocation of risk and cost of discharge VOYAGE CHARTERING 16:00-17:30 Case Study No 1 Coffee break scheduled at an appropriate time during the case study. TUESDAY, 8 MARCH Financial Aspects 09:00-10:00 Freight Definition and calculation Deadfreight Method of payment, place and time of payment Deductions from freight 10:00-11:00 Laytime Loading and discharging within the agreed laytime Defining the period Valid NOR Laytime allowed Calculation of laytime Exceptions from laytime 11:00-11:30 Coffee 11:30-12:30 Demurrage and Despatch Despatch on all time saved/laytime saved Once on demurrage always on demurrage Damages for detention When is demurrage due? Who is liable for paying demurrage? Time bar clauses 12:30-13:00 Liens The nature of a maritime lien Lien and cesser clauses The result of failure to exercise a lien Creating a lien Practical aspect of exercising a lien 13:00-14:00 Lunch Problem Solving and Dispute Resolution 14:00-15:30 Problems in the Performance of Voyage Charters Cancellation Breach of contract by Owners Breach of contract by Charterers Third parties interfering with performance Letters of Indemnity Damages and recoverability of damages Frustration Casualties and General Average 15:30-17:00 Case Study No 2 Coffee break scheduled at an appropriate time during the case study.

4 SPEAKERS Philip Yang Philip Yang has been a full-time arbitrator for well over 20 years, mainly in international trade, shipping and commercial disputes. He has published/issued over 500 arbitration awards as a sole or co-arbitrator. He is also a professor teaching arbitration law and practice in the City University of Hong Kong and the Programme Leader of the LLM in Arbitration. Mr. Yang is deputy chairman of the Documentary Committee, Baltic and International Maritime Council (BIMCO), Denmark, the Honorary Chairman and Council Member of The Hong Kong International Arbitration Centre (HKIAC), the Past President of the Asia-Pacific Regional Arbitration Group (APRAG). Besides, he has published many books and a lot of articles on international trade, shipping and arbitration related topics/matters. Andrew Rigden-Green Andrew is a specialist in maritime and international trade matters, including shipbuilding and construction, installation and operation of offshore structures. He is an expert in arbitration, litigation and mediation and is the head of the Maritime and International Trade team in Hong Kong. Andrew has a wide range of experience in dry shipping and international trade and trade finance dispute resolution. He has represented clients in the English and Hong Kong high courts and courts of appeal, in arbitrations in London and Hong Kong and has conducted numerous mediations. He is familiar with LMAA, ICC, HKIAC and GAFTA arbitrations. Andrew has particular experience in jurisdiction disputes and in obtaining injunctions in support of litigation and arbitration. ORGANISER Wayne Zhuang Wei Zhuang is the Regional Manager of Asia, BIMCO. Wei started his BIMCO career with the legal & contractual affairs department where he joined a wide range of BIMCO s standard contracts and clauses projects, including project development, revision and promotion. He was further promoted as China Liaison Officer as well as the General Manager of BIMCO Shanghai Centre. Now he is committed to keeping a constructive relationship with regional regulators and industry stakeholders and, most importantly, to provide portfolio services to BIMCO members and potential members in Asia. Wei s previous positions include eight years as a maritime lawyer and Senior Fellow at Maritime University. He has a master s degree in maritime law and a PhD in international law.

5 VENUE Grand Kempinski Hotel Shanghai Lujiazui Ring Road Shanghai China Tel Fax Address:

6 REGISTRATION FEE BIMCO Members Non-Members Course Fee: EUR 650 EUR 850 Free of VAT: EU 6th VAT Directive, reverse charges apply. Private persons registering without the support of a VAT registered company, please contact: bimcocourses@ics.dk The fee includes coffee breaks, lunches and course materials. The fee does not include accommodation. Accommodation should be arranged separately by the participant directly with the hotel. 10% Group Discount: Signing up 3 or more participants from the same company entitles you to a 10% group discount. Please contact education@bimco.org for more information. TO SIGN UP To sign up, please use the On-Line Registration, which can be found on our website at - at top click EDUCATION - Courses. As the number of participants may be limited, please register as soon as possible. Registration will be handled on a strictly first come, first served basis. Once you have registered, a confirmation will be sent to the address provided during registration. Please note that you will only be considered officially registered once your Registration and Payment have been received. PAYMENT All payments and registrations are handled by our conference organiser, ICS A/S Copenhagen. Their details can be found in the confirmation sent to you after registration. Another confirmation will be sent when they have received your payment. Questions about registration or payment can be directed to bimcocourses@ics.dk, Tel: , Fax: Payment is to be received LATEST ONE WEEK after registration, failing which the registration will be null and void. If you have registered into a waiting list, payment must be effected within one day after an available seat has been offered to you, failing which the seat will be offered to the next person on the waiting list. SUBSTITUTION Substitution can be made free of charge until one week before the course begins. CANCELLATION Cancellation on or before Monday, 22 February 2016 (2 weeks before the course begins) entitles you to a 50% refund of the course fee. Cancellations after this date are not subject to refunds. BIMCO Informatique A/S reserves the right to update the course programme and/or cancel the course in case of insufficient advance registration. VISA INVITATION LETTERS Should you require an invitation letter from BIMCO to support your visa application, please note that such a letter can only be issued when receipt of payment has been confirmed. COURSE MATERIAL BIMCO has implemented electronic course files to replace the paper files we have used for many years. The electronic format is an Adobe PDF file enabling you to make personal notes using a computer or tablet. You will therefore need to bring a computer or tablet to the course! All documentation and presentations will be in English. QUESTIONS Questions about registration or payments can be directed to bimcocourses@ics.dk Questions about the course should be directed to education@bimco.org

7 VOYAGE CHARTERING The reality of the chartering market is that a ship is employed in order to perform a contract for the international sale of goods. Most international sales, whether CIF, FOB or on some other basis, include an obligation to transport the goods from one country to another and require one or more of the parties to enter into a contract of carriage with the transporting ship and to insure the goods during transit. Therefore, the reality of the situation is that the carriage contracts are heavily influenced by the sale contract and the documents which are customarily demanded from the ship and cargo underwriters must satisfy the requirements of the sale contract. Both carriers and traders need to understand how the various aspects of the overall arrangement inter-relate since their expectations and requirements will be influenced by - and sometimes frustrated by the expectations and requirements of the other parties. Most other workshops are designed to examine specific aspects of international sales, insurance or carriage but the aim of this workshop is to consider the situation as a whole. The close links between the sale contract, the insurance contract and the carriage contract will be examined in presentations and case studies to see why and how the various documents which are customarily issued inter-relate. Each aspect of the arrangement (i.e. the cargo sale, the cargo insurance and the carriage contracts) will be considered both separately and in relation to the other relevant aspects. Should you have any questions about the course, please contact: Bagsvaerdvej 161 DK-2880 Bagsvaerd Denmark Tel: Fax: education@bimco.org Web: mdm