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
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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%
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To talk through the many options available please call our
training specialist: Miki Kong
+65 6508 2477 onsite.training@ibcasia.com.sg
REGISTER TODAY! +65 6508 2401 register@ibcasia.com.sg 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
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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 register@ibcasia.com.sg 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
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• 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.
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• A 7% Goods & Services Tax (GST) is applicable to all Singapore based companies for Singapore venue.
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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
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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.
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event of postponement or cancellation by IBC.
If undelivered, please return to:
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TripleOne Somerset #10-06, Singapore 238164
Tel: +65 6508 2400 Fax: +65 6508 2408
9 - 10 October 2014 | Grand Copthorne Waterfront Hotel, Singapore
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238164
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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: aili.tan@millenniumhotels.com
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P52097
Maritime Law & Contract Fundamentals