BILL OF LADING AND VOYAGE CHARTERING COURSE

Transcription

1 BILL OF LADING AND VOYAGE CHARTERING COURSE Photo credit: / user aaronzhongi co-organized by: supported by: TAIPEI June 2016

2 DAY 1 08:30-09:00 Registration/coffee 09:00-09:25 Opening remarks and a brief Introduction to BIMCO and of the participants: Wayne Zhuang, Regional Manager of Asia, BIMCO Representative from TIPC 09:25-10:30 Overview of bills of lading: the relationship between the contract of sale, the letter of credit, the charter party, the bill of lading and the insurance certificate how the sale contract influences and affects the carriage contracts the major functions of the bill of lading What does bill of lading mean to banks? why bill of lading is significant to traders. 10:30-11:00 Coffee The bill of lading as a receipt 11:00-12:00 The bill of lading as a receipt: quantity/weight apparent order and condition date mate s receipts clean bills and claused bills the evidential effect of the bill weight unknown clauses. 12:00-14:00 Lunch The bill of lading as a contract of carriage 14:00-14:30 Who is the legal carrier under the bill of lading: owners and charterers bills the merits of each type. 14:30-15:30 The bill of lading as a contract of carriage: the nature of the contract types of bills of lading incorporation clauses Which is the governing contract - the charter or the bill? 15:30-16:15 The importance of international regulation: the impact of the Hague, Hague-Visby and Hamburg Rules the duties and rights of the carrier package limitations time limits the importance of paramount clauses the impact of the Rotterdam Rules. 16:15-16:30 Coffee 16:30-16:45 The protection of third parties claims in tort Himalaya clauses circular indemnity clauses bailment on terms. 16:45-17:30 Case study 1

3 DAY 2 09:00-10:00 Combined and through transport bills of lading: the problems the networking principle freight forwarders and NVOCC s. 10:00-11:00 Combined and through transport bills of lading (cont.) 11:00-11:20 Coffee 11:20-12:30 The problems caused by negotiating bills of lading: Who has the right to sue the carrier? Who is liable to the carrier for damage to the ship? order bills, straight bills, seaway bills. 12:30-14:30 Lunch The bill of lading as a document of title 14:30-16:00 The bill of lading as a document of title: the rule as to delivery of cargo the danger of mis-delivery delays to the ship letters of indemnity alternative documents rights and duty of banks. 16:00-16:20 Coffee 16:20-17:00 Remedies for claims: liens on cargo and sub-freight ship arrest arbitration/adr. 17:00-17:30 Letters of indemnity: when used? when enforceable? P&I position practical guidelines switch bills of lading commingling of cargoes.

4 DAY 3 Voyage chartering 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. 10:30-10:45 Coffee 10:45-12:00 Description of the vessel and seaworthiness: qualifications about and without guarantee contractual consequences of misdescription seaworthiness meaning and extent of obligation. 12:00-14:00 Lunch The four stages 14:00-14:30 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. 14:30-15:00 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. 15:00-15:20 Break 15:20-15:50 The cargo on board: charterers obligations and rights owners obligations and rights express exceptions clauses dangerous cargo deck cargo. 15:50-16:20 Laytime: loading and discharging within the agreed laytime defining the period valid NOR laytime allowed calculation of laytime exceptions from laytime. 16:20-16:50 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. 16:50-17:00 Break 17:00-18:00 Case study 2 and assessment

5 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 partner at the Hong Kong office of Stephenson Harwood, specialising in shipping and the transport of goods. He has about ten years experience of advising a wide range of clients in relation to bareboat, time and voyage charterparties, contracts of affreightment, bills of lading and MOAs, as well as shipbuilding contracts and contracts for offshore projects. In addition to drafting documentation and advising in relation to transactions, Andrew has handled litigation before the English High Court and arbitrations under the LMAA terms, LOF salvage, GAFTA and ICC. With regard to charterparty disputes, he has handled cases involving, amongst others, vessel capabilities and description, delay, speed & consumption, dangerous cargoes, damaged cargoes, liens, rob and pumping warranties, ice damage, unseaworthiness, misdelivered cargo, bunker quality and vessel nominations. Andrew also lectures regularly in the UK and in international conferences on charter parties and other aspects of shipping law. He has also been an LLM examiner at Oslo International University. Andrew speaks both French and Russian. KC Wang Partner of Sotoners Attorneys-At-Law KC Wang qualified as practicing lawyer in 1993, member of the Taipei, Keelung, Tao Yuan, Hsin Chu, Taichung, Win Lin, Kaoshiung Bar Associations since 1993, arbitrator of the China Commercial Arbitration Association since 2002, supporting member of the LMAA in London, delivering lectures in International Conference, Universities, Harbor Bureaus, the Shipping Companies including Maersk, Evergreen, Yang Ming Lines and Wan Hai Lines, publishing articles in the leading legal periodicals including P & I International, Sea Watch of Seasia, BEACON of Skuld P&I Club, Shipping Digest R.O.C., Sotoners Newsletters and Sotoners Legal Notes on a variety of shipping law subjects, retaining as legal advisors of the China Shipping Agents Association since 1999, of the China Container Terminal Association since 2015 and partner lawyer of Sotoners Attorneys-at-Law since 1998, handling and supervising the conduct of cases in litigation, arbitration, and negotiation of commercial disputes. ORGANISER Wayne Zhuang Wei Zhuang is the China Liaison Officer at BIMCO as well as the General Manager of BIMCO Shanghai Centre. 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. His current role is focusing on BIMCO Shanghai Centre, where he is committed to keeping a constructive relationship with regional regulators and industry stakeholders and, most importantly, to provide BIMCO services to BIMCO members and potential members in the greater China region. Wei s previous positions include eight years as a maritime lawyer and Senior Fellow at University. He has a master s degree in maritime law and a PhD in international law.

6 VENUE TIPC Taipei Office Address: 3F.-3021, No.3, Beiping W. Rd., Zhongzheng Dist., Taipei City 100, Taiwan (R.O.C.) [ 台北市北平西路 3 號 3 樓 3021 室 ]

7 REGISTRATION FEE BIMCO, TIPC NACS and IOFFLAT 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 30 May (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

8 Should you have any questions about the course, please contact: Bagsvaerdvej 161 DK-2880 Bagsvaerd Denmark Tel: Fax: Web: mdm