Maritime Law & Contract Fundamentals
- 1. Customer Service Hotline: +65 6508 2401 Or register a team of 3 or more delegates and take advantage of our Special Group Rate, PLUS – the 4th delegate attends for free! Book and Pay Early to SAVE UP TO SGD400! Intensive Training Course | Limited Group Size | So Book Early! Maritime Training Academy an informa business Save up to 40% with Inhouse Training All participants receive a Course Certificate Special Group Savings Available www.ibc-asia.com/maritimelaw Maritime Law & Contract Fundamentals Maritime Law & Contract Fundamentals 9 - 10 October 2014 | Grand Copthorne Waterfront Hotel, Singapore Key Learning Outcomes At the end of this course, delegates will: • Appreciate and comprehend the fundamental principles of maritime law and the legal system in the shipping industry • Understand and critically evaluate the framework of charterparty contracts • Demonstrate a sound knowledge of the different types of Charters, Contracts of Affreightment (COA) and Contract of Sale • Gain a deeper understanding of Bills of Lading, cargo liability regimes and other considerations • Discuss the legal framework and different kinds of insurance in the shipping industry, risks involved and specific exclusions within contracts • 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 Capt Peter Klausen has over 35 years experience in maritime experience at sea and in maritime positions ashore. He is a master mariner, qualified lawyer and a Fellow of the Institute of Chartered Shipbrokers and the Chair of the Australia and New Zealand Branch. Who Should Attend Course Director
- 2. IBC Maritime Training Academy IBC Maritime Training Academy is the Asian training division of IBC Asia, part of the Informa Group and a public listed company in the UK. Informa’s main business is in the specialist information providing for global markets. We operate in 70 countries, 150 offices worldwide with over 7000 employees. We have over 25 years experience in providing innovative, focused and high quality business information and training products designed to help you improve the way your business is managed. Want to send the whole team? Why not consider one of our On-site packages and save up to 40%! No matter where you are based in the region let IBC Asia bring our extensive faculty of internationally recognised trainers directly to your door. Choose from any one of our 130+ public training courses and we will ensure a customised fit for your organisation. Either sign up for an existing course, which we would be more than happy to alter to meet your needs, or take our Tailor-Made option and let us build a course perfect for ensuring the delivery of your company’s goals. (8 attendees or more) Train the Team! Save up to 40% with our On-site Tuition To talk through the many options available please call our training specialist: Miki Kong +65 6508 2477 [email protected] REGISTER TODAY! +65 6508 2401 [email protected] www.ibc-asia.com/maritimelaw “It covered topics I was interested in. Overall is a very good comprehensive course with good support materials” ~ Gazprom “Offers a commercial perspective to the industry. Historical contract provided for the development of certain industry practices and laws” ~ ExxonMobil “Learning a lot of concepts above maritime law. Peter is a nice teacher who enjoys sharing his knowledge to us” ~ China Steel Express “Refresh some of the shipping aspects we are practicing. Learned new areas/key points related to the training topics” ~ Natsteel Holdings “Good Materials and Good Trainer” ~ Chevron Indonesia Company “The topic is very interesting & suitable for my job” ~ PT Pelabuhan Indonesia II This course addresses the commercial basis on which most of the conventional shipping contracts in use today are based. A contract of sale will be examined, with its individual rights and obligations, shipping terms in the contract, the types of contracts used, and the rights, obligations and associated costs arising from these arrangements. The nature of an international transport operation and the multitude of stages involved give rise to the need to understand the legal and commercial risks and costs associated with each stage. International shipping is subject to a wide variety of legal regimes and controls. The course covers the legal basis of these controls both national and international. The Law of England, the most widely used law is illustrated throughout this course, along with various international conventions and The International Law of the Sea (UNCLOS 111). Essential terms used in the most commonly used documents and charter parties emphasising the legal and commercial outcomes each is trying to achieve will be examined. The course finally addresses the matter of marine insurance in which the different forms of cover in the risk of damage by a ship or to a ship are examined, along with international liability regimes and obligations for damaged cargo, and related insurances. This Course Examines: • The fundamentals of international maritime law • Contractual framework of time and voyage charterparties • Rights, obligations, clauses, Bills of Lading and the Contract of Sale • Negotiating a charterparty contract • Marine insurance and cargo liability regimes • Arbitration, mediation, litigation, claims and performance issues in maritime and shipping contracts Capt Peter Klausen commenced his maritime career and followed a traditional seagoing career with the AUSN and E&A Companies, trading around Australia and the Far East. Following a period as junior officer in various companies he joined the CSR with which company he rose fromThird Mate to Master trading around Australia and the South Pacific. In 1980 Peter was appointed into the office of The CSR Company and became Chief Manager – Shipping in 1982. The shipping department was responsible for the management of the companies’ own ships and also the chartering in of ships for both the coastal and international carriage of Australia’s sugar and gypsum. In 1984 Peter was Industry Adviser to the Australian Government delegation negotiating the Registration of Ships Convention at UNCTAD in Geneva. During this time Peter completed a law diploma with the Joint Admission Board program (NSW) and later sat and passed the examinations for membership of the Institute of Chartered Shipbrokers. Peter lectured in Maritime Law and Business at the Australian Maritime College for eleven years. Now retired he still remains active in industry matters as Chairman of the Australian and New Zealand Branch of the institute of Chartered Shipbrokers. He is a member of the Maritime Law Association of Australia and New Zealand (and is a member of the Maritime Arbitrators panel of that organization), and also of the Company of Master Mariners of Australia and The Nautical Institute. What our past delegates say about this course About the Course About the Course Director Maritime Law & Contract Fundamentals
- 3. IBC Training Academy Upcoming Courses Scan the QR Code with your smartphone and download the updated training calendar COURSE OUTLINE Course Registration: 8:30am Course Commencement: 9:00am Course Conclusion: 5:00pm Explanation ofTimings: These times act as a guide and may be modified slightly depending on the depth of class discussion and whether assessments are being conducted. Course Programme: This program is a guide and may be altered to better address participant requirements on a consensus basis. REGISTER TODAY! +65 6508 2401 [email protected] www.ibc-asia.com/maritimelaw Maritime Law Maritime law overview Common law and jurisdictions • The law of contract • The law of negligence International Law • Conventions • UNCLOS 111 (The law of the sea) The network of contracts in International trade The Contractual Framework of Time & Voyage Charterparties Legal characteristics and commercial usage How risk is allocated between owners and charterparties Sale of and leasing vessels Clauses Implied/express The Operational Factors Involved with Shipping Contracts Letters of indemnity for material changes Letters of indemnity for delivery without presentation Checking the information The Cost Structure & Elements of a Voyage Capital component Operating costs The DRC (daily running cost) Voyage costs Port Costs The Essential Nature of the Following Contracts Demise charters Time charters Voyage charters Contracts of Affreightment (COA) Demise Charters The terms and obligations – Barecon 2000 Time Charters The terms and obligations – NYPE (New York Produce Exchange) Remedies for breach • Period • Description of the ship • “Off Hire” • Jurisdiction clauses • ISPS Clause Comparison with a tanker time charter Voyage Charters The fixture negotiation The voyage estimate Subjects Broker’s authority Commissions; broker’s commission – address commission Standard forms Voyage Charter Party Terms in Both Dry Bulk & Tanker Charter Parties Laytime • Statement of facts • Commencement • Interruptions (Weather, strikes, shifting ship) • ISPS Clause • Laytime calculation • Dispatch/demurrage • Jurisdiction clauses • Remedies for breach Safe port Deviation Abbreviations and jargon Bills of lading issued under a voyage charter party and the relation to the contract of sale Comparison with a tanker voyage charter Contracts of Affreightment (COA) The terms and obligations Negotiating a Charterparty Contract When is a contract binding? “Subjects”, “main terms” and “details” Laytime, demurrage and despatch money Broker’s authority Standard forms Explanations of “Implies terms”, “factual representations”, “without guarantee” and “ambiguous terms” The Contract of Sale INCOTERMS • CIF • CFR • FOB Bills of Lading Functions and obligations • Receipt • Contract of carriage • Document of title Carrier identification The international sale transaction Other Standard Clauses Agency Law and jurisdiction Brokerage and commission Multi Modal Documentation The concept of multimodal transport The liner Bill of Lading The through Bill of Lading The booking note Time Charter (Boxtime) Slot Charters (Slothire) Cargo Liability Regimes The carriage of goods under charterparties Hague Visby Rules Hamburg Rules The Asian Rules – COGSA When do the rules apply? Carriers obligations and defenses Time limits and other limitation considerations Marine Insurance The legal framework of insurance Hull and Machinery insurance • The nature of the cover • Standard clauses • Exclusions P&I Insurance • The nature of the cover • Standard clauses • Exclusions The nature of the risks covered The exclusions under the contracts Arbitration, Mediation & Litigation Examining the shipping industry’s approach Relevant clauses Case examples Ship Brokers Code of conduct Obligations Remuneration Charter fixture negotiations Dry Bulk Forward Freight Agreements 21 - 22 August 2014, Singapore Tug and Barge Chartering 25 – 26 August 2014, Singapore Tug and Barge Chartering 28 – 29 August 2014, Jakarta, Indonesia Port Planning and Congestion Management 28 – 29 August 2014, Singapore
- 4. ENJOY SUBSTANTIAL SAVINGS WITH OUR MULTIPLE BOOKING DISCOUNT! When 3 or more book onto this course. See pricing table for full details FREE Please photocopy for additional delegates Delegate 1 Details Name: Dr/Mr/Ms Job Title: Department Tel: Mobile No.: Email: Who is Head of your Department? Who is Head of Training? Delegate 2 Details Name: Dr/Mr/Ms Job Title: Department Tel: Mobile No.: Email: Delegate 3 Details Name: Dr/Mr/Ms Job Title: Department Tel: Mobile No.: Email: Delegate 4 Details Name: Dr/Mr/Ms Job Title: Department Tel: Mobile No.: Email: Company Information Company Name: Address: Main Business/Activity: Postal Code: RESERVE YOUR PLACE TODAY! This label contains your priority booking code. To expedite registration, please do not remove label. If you have already received a copy of this brochure, we apologise. For reasons of confidentiality, your full particulars were not available to IBC Asia (S) Pte Ltd for deduplication prior to mail drop. REGNO.200108203N LET IBC ASIA COME TO YOU! To talk through the many options available please call our training specialist Miki Kong Tel: +65 6508 2477 | Email: [email protected] I cannot attend this event but please include me in your mailing list. Yes! I/We Will Attend Payment Method (Please tick:) I enclose my bankers draft / cheque payable to IBC Asia (S) Pte Ltd I am paying by bank transfer (copy attached) Payment by Credit Card. (AMEX, VISA or MasterCard accepted) CREDIT CARD PAYMENTS Credit card contact: Department: Direct phone number: Email: Payment must be received 10 business days prior to the event. To take advantage of discounts with an expiry date, registration and payment must be received by the cut-off date. • Payment by bankers draft or cheque in S$ or US$ should be made in favour of “IBC Asia (S) Pte Ltd” and mailed to: IBC Asia (S) Pte Ltd c/o Informa Regional Business Services 111 Somerset Road, TripleOne Somerset #10-06 Singapore 238164 Attn: The Accounts Receivable Team • Payment by bank transfer in S$ or US$ made payable to: IBC Asia (S) Pte Ltd A/C No.:147-059513-001 (S$) A/C No.:260-457866-178 (US$) The Hongkong and Shanghai Banking Corporation Limited 21 Collyer Quay, HSBC Building Singapore 049320 Bank Swift Code: HSBCSGSG Bank Code: 7232 • Payment by Credit Card (AMEX, VISA or MasterCard). The best way to pay by credit card is through our secure portal built into the website. To pay by phone please indicate the contact name and details below and our Customer Services Team will call within 24 hours to take payment. Please do not send credit card information by email. PAYMENT TERMS HOTEL INFORMATION • Special Group Discount pricing is applicable to groups of 3 or more delegates from the same organisation registering for the same event, at the same time. Fee stated is the discounted price PER DELEGATE. Only one discount applies - either the early bird rate OR special rate OR Special Group Discount. • All fees stated include luncheons, refreshments and complete set of documentation. It does not include the cost of accommodation and travel. • A 7% Goods & Services Tax (GST) is applicable to all Singapore based companies for Singapore venue. DATA PROTECTION The personal information entered during your registration/order, or provided by you, will be held on a database and may be shared with companies in the Informa Group in the UK and internationally. Occasionally, your details may be obtained from or shared with external companies who wish to communicate with you offers related to your business activities. If you do not wish your details to be used for this purpose, please contact our Database Department at Email: [email protected], Tel: +65 6508 2400 or Fax: +65 6508 2408. CANCELLATIONS / SUBSTITUTION Should you be unable to attend, a substitute delegate is welcome at no extra charge. Cancellations must be received in writing at least 10 business days before the start of the event, to receive a refund less 10% processing fee per registration. The company regrets that no refund will be made available for cancellation notifications received less than 10 business days before the event. IMPORTANT NOTE Please quote the name of the delegate, event title and invoice number on the advice when remitting payment. Bank charges are to be deducted from participating organisations own accounts. Please fax your payment details (copy of remittance advice, cheque or draft to +65 6508 2407). Attendance will only be permitted upon receipt of full payment. Participants wishing to register at the door are responsible to ensure all details are as published. IBC assumes no further liability or obligation, beyond the refund of the paid registration fee, in the event of postponement or cancellation by IBC. If undelivered, please return to: 111 Somerset Road, TripleOne Somerset #10-06, Singapore 238164 Tel: +65 6508 2400 Fax: +65 6508 2408 9 - 10 October 2014 | Grand Copthorne Waterfront Hotel, Singapore 6 EASY WAYS TO REGISTER Email [email protected] Customer Service Hotline +65 6508 2401 Fax +65 6508 2407 Web MAIL the attached registration form with your cheque to IBC Asia (S) Pte Ltd c/o Informa Regional Business Services 111 Somerset Road, TripleOne Somerset #10-06, Singapore 238164 Scan the QR Code with your smartphone and register today The best way to pay by credit card is through our secure on-line registration process, simply log on to the website at www.ibc-asia.com/ maritimelaw and click “Register On-line”. If you would prefer to pay over the phone please complete the contact name and details and our Customer Services Team will call within 24 hours to take payment. As we treat your credit card information in the strictest confidence, please do not send payment details by email. EARLY BIRD RATE Register and Pay on or before 1 August 2014 Register and Pay on or before 5 September 2014 NORMAL RATESPECIAL RATE Register and Pay after 5 September 2014 Individuals Special Group Discount FEE PER DELEGATE Book a group of 3 or more delegates and pay per delegate SGD 2,895 (Save SGD 500 per delegate and 4th attends FREE!) SGD 2,995 (SAVE SGD 400) SGD 3,195 (SAVE SGD 200) SGD 3,395 www.ibc-asia.com/maritimelaw Maritime Law & Contract Fundamentals Grand Copthorne Waterfront Hotel 392 Havelock Road, Singapore 169663 Tel: +65 6733 0880 | Fax: +65 6733 1072 Contact Person: Ms Tan Ai Li Email: [email protected] REGISTER TODAY! +65 6508 2401 [email protected] www.ibc-asia.com/maritimelaw P52097 Maritime Law & Contract Fundamentals