Understanding common problems with the charterparty period

Transcription

1 SESSIONS TIME CHARTERPARTIES OCTOBER AGENDA - DAY ONE - 19/03/ Registration 08:45-09:15 Chairman's welcome & opening remarks 09:15-09:25 Objective Generation 09:25-09:45 Introduce yourself and company, learn about yourfellow delegates and share your personal objectives for a tailored training experience Overview of time charterparties 09:45-11:00 A brief introduction to time charterparties, a commercial overview and a look at the detailed clauses and issues which might arise The English legal system: how English law and the court system has developed Dispute resolution: litigation in English courts, arbitration in London and alternative dispute methods Coffee & networking break 11:00-11:20 Understanding common problems with the charterparty period 11:20-12:20 Commencement of period Delivery Conformity with description Implied/express margins, time chartertrips without guarantee Overlap/underlap - the legitimate last voyage Damages Last voyage clauses Without guarantee clauses Michael Howard - Q.C, Quadrant Chambers Questions & discussion 12:20-12:30 Lunch 12:30-13:30 What are the owner's obligations for the chartered vessel? 13:30-14:30 Contractual terms regarding the description of the vessel (capacity,registration, speed and fuel consumption warranty) Maintaining the vessel Provision of a substitute vessel Delivery obligations Matthew Reeve, Quadrant Chambers Case Study: Examining the legal obligations under a charterparty agreement 14:30-16:15 Consider a factual scenario to assess the status of a charterparty agreement and discuss the relevant parties interests, including: Bills of lading Indemnity for complying with charterers' orders Law and Jurisdiction clauses The inter-club agreement Anti-technicality clauses Afternoon tea to be served at a suitable interval Jennifer Cresswell - Associate, Clyde & Co LLP Role Play Session: An Inspector Calls - Final & binding quality/quantity determination clauses are they really final? 16:15-17:00 Charles Baker - Maritime Arbitrator, LMAA Chair's closing remarks 17:00-17:10 Birketts networking drinks reception 17:10-18:10

2 SCHEDULE TIME CHARTERPARTIES OCTOBER AGENDA - DAY ONE - 19/03/ TIME MAIN AGENDA 08:00 08:45 - Registration 09:00 09:15 - Chairman's welcome & opening remarks 09:25 - Objective Generation 09:45 - Overview of time charterparties 10:00 11:00 11:00 - Coffee & networking break 11:20 - Understanding common problems with the charterparty period 12:00 12:20 - Questions & discussion 12:30 - Lunch 13:00 13:30 - What are the owner's obligations for the chartered vessel? 14:00 14:30 - Case Study: Examining the legal obligations under a charterparty agreement 15:00 16:00 16:15 - Role Play Session: An Inspector Calls - Final & binding quality/quantity determination clauses are they really final? 17:00 17:00 - Chair's closing remarks 17:10 - Birketts networking drinks reception

3 SESSIONS TIME CHARTERPARTIES OCTOBER AGENDA - DAY TWO - 20/03/ Morning coffee 08:45-09:00 Chairman's opening remarks 09:00-09:05 Lisa Wortley - Partner, Birketts Safe ports, berths and places 09:05-10:30 Obligation Nominating a safe port - express and implied terms What is a safe port? Considering the legal nature of the undertaking for safeport/berth Remedies to the owner following breach by the charterer Charterer s defences Jonathan Cooke, Mills & Co Coffee and networking break 10:30-10:50 The Charterparty: from the Charterer s perspective 10:50-11:40 Drafting the charterparty - avoiding costly mistakes Deductions from hire Implied indemnity Clause paramount: seaworthiness and time bars Bunkers - practical tips Problems forintermediate charterers Adrian Benham - Director, Steamship Insurance Management Services Ltd Practical implications of off-hire clauses 11:40-12:25 General and specific off-hire clauses Off-hire circumstances What is the legal effect of the vessel going off-hire? Off-hire contrasted with damages Can events extraneous to the vessel put the vessel off-hire? Thor Maalouf, Reed Smith Questions & discussion 12:25-12:40 Lunch 12:40-13:40 Responsibility for cargo claims 13:40-14:40 Interclub Agreement Application where bills of lading are not in conformity with charter Apportionment - The Kamilla considered Clear and irrefutable evidence/servants and subcontractors Security Notice and time bar Claiming against third parties Jeb Clulow - Partner, Reed Smith Interactive Workshop: Calculation methods for speed and consumption claims 14:40-16:10 Consider a set of facts and look at the potential claims arising out of them. Cement your understanding of how to process the relevant data and apply theory to facts to handle claims effectively. Consider: What typical clauses say - good weather conditions, about The sources of data - weather routing reports, logs,discrepancies Where disputes come from - what is binding? What English law says - The Didymi and The Gas Enterprise CASE STUDY: Deciding what the clauses mean Identifying which data to use Calculation of good weather performance Lisa Wortley - Partner, Birketts Chairman s comments and close of day two 16:10-16:25 Lisa Wortley - Partner, Birketts End of Day Two 16:25-16:25

4 SCHEDULE TIME CHARTERPARTIES OCTOBER AGENDA - DAY TWO - 20/03/ TIME MAIN AGENDA 08:00 08:45 - Morning coffee 09:00 09:00 - Chairman's opening remarks 09:05 - Safe ports, berths and places 10:00 10:30 - Coffee and networking break 10:50 - The Charterparty: from the Charterer s perspective 11:00 11:40 - Practical implications of off-hire clauses 12:00 12:25 - Questions & discussion 12:40 - Lunch 13:00 13:40 - Responsibility for cargo claims 14:00 14:40 - Interactive Workshop: Calculation methods for speed and consumption claims 15:00 16:00 16:10 - Chairman s comments and close of day two 16:25 - End of Day Two

5 SESSIONS TIME CHARTERPARTIES OCTOBER AGENDA - DAY THREE - 21/03/ Morning coffee 09:00-09:15 Chairman s opening remarks 09:15-09:20 Hire and the right of withdrawal for late payment 09:20-10:40 How and when hire has to be paid The anti-technicality clause The right of withdrawal The act of withdrawal Owner s rights and remedies Chloe Rogers - Associate, Reed Smith Coffee & networking break 10:40-11:00 Chairman's tutorial: Bills of lading and time charterparties 13:00-14:15 The relationship between the bill of lading and the time charterparty Owner s and charterer s bills of lading Demise and identity of carrier clauses Agency of master or agency Securing your claim 14:15-15:00 Options available for gaining security for your claim Chairman s closing remarks 15:00-15:15 Dispute resolution 11:00-12:00 The approach of the English courts to resolving disputes Differences for arbitration Tips of mediation Collection of course certificates 15:15-15:30 End of Time Seminar 15:30-15:30 Lisa Wortley - Partner, Birketts Lunch 12:00-13:00

6 SCHEDULE TIME CHARTERPARTIES OCTOBER AGENDA - DAY THREE - 21/03/ TIME MAIN AGENDA 09:00 09:00 - Morning coffee 09:15 - Chairman s opening remarks 09:20 - Hire and the right of withdrawal for late payment 10:00 10:40 - Coffee & networking break 11:00 11:00 - Dispute resolution 12:00 12:00 - Lunch 13:00 13:00 - Chairman's tutorial: Bills of lading and time charterparties 14:00 14:15 - Securing your claim 15:00 15:00 - Chairman s closing remarks 15:15 - Collection of course certificates 15:30 - End of Time Seminar

7 SESSIONS VOYAGE CHARTERPARTIES OCTOBER AGENDA - DAY ONE - 22/03/ Registration 08:30-09:00 Chairman s welcome and opening remarks 09:00-09:15 Introduction to the English Maritime Law and Court System 09:15-09:35 Overview of voyage charterparties 09:35-10:15 Overview of the parties rights and obligations A step-by-step look at the stages of a voyage charter Voyage charter relationship with bills of lading and the contract of sale Peter Gercans - Assistant Solicitor, MFB Solicitors The preliminary voyage and undertakings concerning the chartered vessel 10:15-11:15 Terms concerning the vessel s description Nomination and liberty to substitute Maintenance of class Significance of expected ready to load date and ETA Performance obligations relating to approach voyage Remedies of the charterer, in particular cancellation Nichola Warrender, Quadrant Chambers Questions & discussion 11:15-11:25 Coffee & networking break 11:25-11:40 Loading and unloading cargo: what is expected from the charterer? 11:40-12:45 Concept of contractual cargo Type and quantity of cargo Full and complete cargo clause Dangerous cargoes Obligations regarding loading and unloading cargo James Stokoe, Mills & Co Lunch 12:45-13:45 The ship owner s obligations in relation to the voyage and delivery 13:45-15:00 The seaworthy ship Duty to carry with care Exclusion and limitation of liability Performance obligations: route and dispatch deviation licence to deviate clauses delivery to agreed destination right to deliver to alternative ports or places Ed Mills-Web - Partner, Clyde & Co Understanding standard clauses in charterparty agreements 15:00-15:40 Agency Law and jurisdiction Brokerage and commission Tea & networking break 15:40-16:00 Case Study: Common issues with voyage charterparties 16:00-17:00 Explore a factual scenario under a voyage charter and advise relevant parties as to their rights and obligations. Gain an operational understanding of charterparties by considering: Cancellation Load port problems Machinery breakdown Time-barred claims Letters Of Indemnity (LOI) Freight payment Justin Draeger - Director, Mays Brown Chairman s comments and close of day one 17:00-17:15 Keates Ferris' Drinks at a Traditional Local Public House 17:15-18:15 Join your fellow attendees for a beer at a local London pub

8 SCHEDULE VOYAGE CHARTERPARTIES OCTOBER AGENDA - DAY ONE - 22/03/ TIME MAIN AGENDA 08:00 08:30 - Registration 09:00 09:00 - Chairman s welcome and opening remarks 09:15 - Introduction to the English Maritime Law and Court System 09:35 - Overview of voyage charterparties 10:00 10:15 - The preliminary voyage and undertakings concerning the chartered vessel 11:00 11:15 - Questions & discussion 11:25 - Coffee & networking break 11:40 - Loading and unloading cargo: what is expected from the charterer? 12:00 12:45 - Lunch 13:00 13:45 - The ship owner s obligations in relation to the voyage and delivery 14:00 15:00 15:00 - Understanding standard clauses in charterparty agreements 15:40 - Tea & networking break 16:00 16:00 - Case Study: Common issues with voyage charterparties 17:00 17:00 - Chairman s comments and close of day one 17:15 - Keates Ferris' Drinks at a Traditional Local Public House

9 SESSIONS VOYAGE CHARTERPARTIES OCTOBER AGENDA - DAY TWO - 23/03/ Morning coffee 09:00-09:40 Lunch 12:30-13:30 Chairman s opening remarks 09:40-09:45 Laytime demurrage and despatch money 09:45-10:40 Concepts of laytime, demurrage and despatch money Commercial significance and legal nature Damages for detention Robert Gay - Legal Director, Hill Dickinson Commencement of laytime 10:40-11:25 When does laytime begin for berth, port and dock voyage charterparties? The concept of the arrived ship Physical and documentary readiness to load/ discharge Notice of Readiness Amendments to re-allocate risks Dolly Brown - Solicitor, Clyde & Co Coffee & networking break Practical Session: Laytime and demurrage: Number-crunching in action 13:30-16:00 Consider a practical scenario of loading and discharge to calculate laytime and demurrage accurately. Number-crunching in action: Calculate laytime and demurrage for: dry cargo trade tanker trade Consider the effect of events suspending the running of laytime and/or demurrage Consequences for other provisions in the charterparty Tea will be taken at a suitable interval during the practical session Jeffrey Blum - Director, Interlink International Trading (UK) Ltd Chairman's closing remarks and close of seminar 16:00-16:10 Collection of course certificates and end of Voyage seminar 16:10-16:10 11:25-11:40 Exceptions to laytime 11:40-12:30 What is laytime? Does laytime run continuously? When can laytime be suspended? owner uses vessel for own purpose sexpress exceptions to laytime general exception clauses Case law Drafting laytime exceptions clauses Marcus Dodds - Partner, Reed Smith

10 SCHEDULE VOYAGE CHARTERPARTIES OCTOBER AGENDA - DAY TWO - 23/03/ TIME MAIN AGENDA 09:00 09:00 - Morning coffee 09:40 - Chairman s opening remarks 09:45 - Laytime demurrage and despatch money 10:00 10:40 - Commencement of laytime 11:00 11:25 - Coffee & networking break 11:40 - Exceptions to laytime 12:00 12:30 - Lunch 13:00 13:30 - Practical Session: Laytime and demurrage: Number-crunching in action 14:00 15:00 16:00 16:00 - Chairman's closing remarks and close of seminar 16:10 - Collection of course certificates and end of Voyage seminar