This document discusses shipping and arbitration practices in the Black Sea region. It provides specifics on performance in the region, including local regulations, climate conditions, and features of charter parties. Short shoulder voyages and the impact of shippers/receivers on voyages are common regional features. Climate data on ice occurrence is presented. Local regulations in countries like Georgia that may prohibit port entry for 72 hours are discussed. The document also examines common clauses in Black Sea charter parties, such as those addressing ice and port entry prohibitions. Finally, it explores frequent problems like maritime fraud and scenarios where charter parties could be terminated.
The document discusses key aspects of grain transportation by sea in the Black Sea and Mediterranean regions. It notes the major rivers and countries involved, outlines trends in grain cargo traffic, and examines challenges related to voyage performance, contractual issues, customs and quarantine formalities, vessel detentions and arrests, and commercial disputes. It also analyzes the impact of sanctions and issues surrounding calls at Crimean ports since their closure in 2014.
This document provides an overview of maritime law concepts, including:
- Types of vessels like liners, tramps, bulk carriers, tankers, and container ships.
- International sale contracts and INCOTERMS rules regarding transfer of risk.
- Accounting concepts for FOB and FOB destination contracts.
- Implied obligations in contracts of affreightment, including seaworthiness, manning, reasonable dispatch, and not deviating from the agreed route. Exceptions and effects of breaching these obligations are discussed.
The document discusses key aspects of carriage of goods by sea under Indian law. It outlines that the Carriage of Goods by Sea Act 1925 governs carriage of goods from Indian ports to foreign ports. It imposes duties on carriers like making ships seaworthy and issuing bills of lading. Carriers' liability is limited unless negligence is proven. Bills of lading serve as receipts of goods and evidence of contracts. Charter parties allow shippers to charter whole vessels and contracts of affreightment can take the form of bills of lading or charter parties.
Prior to 1924, there were no international rules governing bills of lading. Ship owners had strict liability but freedom of contract allowed them to contract out of it. Exporters had little bargaining power. The Hague Rules in 1924 established fault-based liability for ship owners. Subsequent conventions like Hague-Visby in 1968 and Hamburg in 1978 further refined carrier liability. Sri Lanka initially followed Hague Rules and now follows Hague-Visby. English law may apply to gaps not addressed locally based on the Civil Law Ordinance of 1852.
The document discusses the York Antwerp Rules, which govern general average contributions in maritime law. It summarizes key aspects of general average, including typical sacrifices and expenditures allowed. It then analyzes changes between the 1974/1994 and 2004 versions of the rules, noting areas where shipowners may lose out, such as exclusion of salvage costs, reduced wages and repairs allowed, and removal of commissions and interest. The 2004 rules aim to limit general average to issues of common safety rather than common benefit of the voyage.
There are two basic forms of charter depending on whether the vessel is chartered for a period of time (time charter) or for one or more voyages (voyage charter). In both, the ship owner retains control of the vessel and agrees to provide a carrying service. For a time charter, the ship owner agrees to place the vessel's carrying capacity at the charterer's disposal for a specified period. For a voyage charter, the ship owner undertakes to carry a cargo between specified points. Once cargo is loaded, a bill of lading is issued acting as a receipt for cargo and evidence of the carriage contract terms. Bills of lading can also act as negotiable documents of title allowing cargo ownership transfer while in
b) Perils, dangers and accidents of the sea or other navigable waters:
c) Act of God:
d) Act of war:
e) Act of public enemies:
f) Arrest or restraint of princes, rulers or people, or seizure under legal process:
g) Quarantine restrictions:
h) Act or omission of the shipper or owner of the goods, his agent or representative:
i) Strikes or lockouts or stoppage or restraint of labour from whatever cause, whether partial or general:
j) Riots and civil commotions:
k) Saving or attempting to save life or property at sea:
The document discusses key aspects of grain transportation by sea in the Black Sea and Mediterranean regions. It notes the major rivers and countries involved, outlines trends in grain cargo traffic, and examines challenges related to voyage performance, contractual issues, customs and quarantine formalities, vessel detentions and arrests, and commercial disputes. It also analyzes the impact of sanctions and issues surrounding calls at Crimean ports since their closure in 2014.
This document provides an overview of maritime law concepts, including:
- Types of vessels like liners, tramps, bulk carriers, tankers, and container ships.
- International sale contracts and INCOTERMS rules regarding transfer of risk.
- Accounting concepts for FOB and FOB destination contracts.
- Implied obligations in contracts of affreightment, including seaworthiness, manning, reasonable dispatch, and not deviating from the agreed route. Exceptions and effects of breaching these obligations are discussed.
The document discusses key aspects of carriage of goods by sea under Indian law. It outlines that the Carriage of Goods by Sea Act 1925 governs carriage of goods from Indian ports to foreign ports. It imposes duties on carriers like making ships seaworthy and issuing bills of lading. Carriers' liability is limited unless negligence is proven. Bills of lading serve as receipts of goods and evidence of contracts. Charter parties allow shippers to charter whole vessels and contracts of affreightment can take the form of bills of lading or charter parties.
Prior to 1924, there were no international rules governing bills of lading. Ship owners had strict liability but freedom of contract allowed them to contract out of it. Exporters had little bargaining power. The Hague Rules in 1924 established fault-based liability for ship owners. Subsequent conventions like Hague-Visby in 1968 and Hamburg in 1978 further refined carrier liability. Sri Lanka initially followed Hague Rules and now follows Hague-Visby. English law may apply to gaps not addressed locally based on the Civil Law Ordinance of 1852.
The document discusses the York Antwerp Rules, which govern general average contributions in maritime law. It summarizes key aspects of general average, including typical sacrifices and expenditures allowed. It then analyzes changes between the 1974/1994 and 2004 versions of the rules, noting areas where shipowners may lose out, such as exclusion of salvage costs, reduced wages and repairs allowed, and removal of commissions and interest. The 2004 rules aim to limit general average to issues of common safety rather than common benefit of the voyage.
There are two basic forms of charter depending on whether the vessel is chartered for a period of time (time charter) or for one or more voyages (voyage charter). In both, the ship owner retains control of the vessel and agrees to provide a carrying service. For a time charter, the ship owner agrees to place the vessel's carrying capacity at the charterer's disposal for a specified period. For a voyage charter, the ship owner undertakes to carry a cargo between specified points. Once cargo is loaded, a bill of lading is issued acting as a receipt for cargo and evidence of the carriage contract terms. Bills of lading can also act as negotiable documents of title allowing cargo ownership transfer while in
b) Perils, dangers and accidents of the sea or other navigable waters:
c) Act of God:
d) Act of war:
e) Act of public enemies:
f) Arrest or restraint of princes, rulers or people, or seizure under legal process:
g) Quarantine restrictions:
h) Act or omission of the shipper or owner of the goods, his agent or representative:
i) Strikes or lockouts or stoppage or restraint of labour from whatever cause, whether partial or general:
j) Riots and civil commotions:
k) Saving or attempting to save life or property at sea:
The document discusses the Hague-Visby Rules, an international convention that establishes a set of rules for carriage of goods by sea. It was originally drafted in 1924 in Brussels as the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading. It was later amended in 1968 in Brussels, and became known as the Hague-Visby Rules. The rules apply to contracts of carriage that are covered by a bill of lading and define obligations of carriers regarding loading, carriage, care of cargo. It also defines exclusions of carrier liability and governs geographical application between contracting states.
This document summarizes the key articles of the Hague-Visby Rules that govern carriage of goods by sea. The rules define important terms, outline the responsibilities and liabilities of carriers, and specify circumstances where carriers are exempt from liability. It describes requirements for bills of lading, claims processes, and monetary units. The rules aim to balance carrier and shipper interests and provide uniform international standards for sea cargo transportation contracts.
Carriage of goods and liability of air and sea carriersStudsPlanet.com
Carriers that transport goods by air or sea have legal liability for any loss or damage to cargo during transport. For air carriers, the Warsaw Convention establishes that carriers are presumptively liable unless they can prove the damage was not their fault. It also limits liability amounts. For sea carriers, COGSA defines their liability and also places the burden on carriers to prove an exception applies, such as an act of God, if cargo is damaged. Both conventions require notice of damage be provided and lawsuits be filed within certain timeframes.
This document discusses maritime law as it relates to cargo documentation for the carriage of goods by sea. It begins by outlining key areas of maritime law and then focuses on objectives related to familiarizing marine engineers with legal aspects of cargo documentation. It defines important terms, describes various cargo documents like bills of lading and waybills. It also discusses the Hague-Visby Rules and Hamburg Rules which provide international regulations for carriage of goods and bills of lading. The document closes by outlining requirements for issuing and contents of bills of lading.
This document provides an overview of maritime practitioners and chartering markets. It discusses that shipping demand is derived from trade. The dry cargo market relies on a range of vessels for trades like iron ore, coal, grain and timber. Commonly used dry cargo charter parties are Baltime and NYPE, which favor shipowners and charterers, respectively. Time charters and voyage charters are described. Time charters require the owner to provide a ship and crew, while the charterer is responsible for cargo operations. Voyage charters cover a single voyage. The tanker market has separate crude oil and petroleum products trades. Crude oil trades are impacted by Middle East politics while product trades transport refined oils. Chemical carriers require clean
Chartering involves reserving a ship or transportation for others' use. Charterers employ shipbrokers to find ships to deliver cargo for an agreed freight rate. Shipbroking involves brokering between shipowners and charterers. Shipping agencies handle shipments and cargo on behalf of shipping companies, ensuring supplies and documentation are arranged. Key terms in chartering include charter parties recording rate, duration and terms; types of charters depending on cargo ownership; and delivery points affecting hire start times.
Legal Aspects of Charter Parties – Basic Issuescmmindia2017
This document provides an overview of legal aspects related to charter parties, including:
- Types of charter parties like voyage charters, time charters, and bareboat charters.
- Key concepts in charter parties like safe ports, laytime and cancelling dates, notices of readiness, deviation, war risk clauses, and frustration of purpose.
- Maritime law topics of general average, salvage, towage contracts, collisions, and important clauses in time charter parties related to delivery and redelivery of vessels.
The document discusses the structure and legal framework for various charter party agreements and analyzes important concepts, cases, and standard contract terms.
The document summarizes key aspects of three international conventions governing carriage of goods by sea:
1. The Hague-Visby Rules establish carrier liability and regulate bills of lading. They apply to international carriage between contracting states. Carrier responsibilities include ship seaworthiness and cargo care.
2. The Hamburg Rules also regulate carrier liability but aim to give developing countries more bargaining power. Carriers are liable for loss or damage during cargo handling.
3. The Rotterdam Rules were adopted in 2008 to modernize international trade law. They establish uniform rules for door-to-door transport involving sea carriage and clarify carrier obligations and liability.
Outline of Conventions and Legislation applicable to Bills of Lading in the UKAmarinder Singh Brar
A presentation at South Tyneside Marine College on conventions and legislations applicable to Bills of Lading (in the UK).
The presentation starts with history of BLs, followed by a sample from 1390.
It then continues on to a detailed review of Hague Rules. Hague Visby Amendments and SDR Protocol amendments are highlighted as and when required. This is followed by a brief introduction to Hamburg and Rotterdam Rules.
Thereafter legislation is discussed. Specifically COGSA71 and COGSA92, which needs knowledge of BLA1855. This is also briefly touched upon.
The conventions can be easily found on the web. All UK legislation is available at legislation.gov.uk website.
C K SharCase Studies in Chartering & Operations - Converting Knowledge into M...Marexmedia
Here are 3 potential factors affecting freight that were not mentioned:
- Commodity demand - Higher demand for a commodity leads to higher freight rates.
- World Economic Scenario - Strong global economic growth supports trade and freight demand. Weak economies lower cargo volumes and put downward pressure on rates.
- Changing Consumption pattern - Evolving consumption trends, like less coal use, can impact long-term demand for certain cargo types and associated freight rates.
This document discusses various types of chartering agreements in the shipping industry. It covers voyage charters, time charters, time charter on trip basis (TCT), contracts of affreightment (COA), and bareboat charters. For each type, it describes the key characteristics, costs, forms used, and differences between them. Voyage charters are for a single voyage, time charters are for a set period of time, TCT is a time charter for a single voyage, COA provides transport capacity over multiple years, and bareboat charters amount to a lease of the entire ship.
Legal Aspects of Charter Parties – Basic Issues by Alex Pintocmmindia2017
This document discusses key legal concepts relating to charter parties. It begins by defining a charter party as a contract between a shipowner and charterer. It then covers various types of charter parties and concepts like safe ports, laycan, notices of readiness, and deviation. Key clauses for time charters regarding delivery and redelivery of vessels are examined. The document also reviews legal principles such as general average, salvage, collisions and frustration and how they relate to charter parties and maritime law.
The document is a bill of lading for a shipping class listing Miguel Benavidez, Mayra Freire, Ma. Lourdes León, Anais Macías, and Andrea Solórzano. A bill of lading is a document issued by a carrier to the shipper that identifies the nature, quantity, and quality of goods being shipped. It serves as a receipt of the goods and contract of carriage, and must be presented to take delivery of the goods at their destination. The bill of lading should include information like the names and addresses of the carrier and shipper, name and nationality of the ship, loading and unloading ports, name and address of consignee, description of goods, and
The document discusses key concepts in maritime economics including scarcity, demand, supply, derived demand, and the factors that influence demand for shipping such as cargo volume, distance traveled, and ton-miles. It also outlines different types of ships, market participants, methods of ship employment including various chartering arrangements, and important shipping documents like bills of lading and how laytime is calculated.
This document discusses different types of chartering contracts in the shipping industry. It describes voyage charters, contracts of affreightment, time charters, and bareboat charters. It also discusses different forms of shipping services like liner shipping, tramp shipping, and conference shipping. Liner shipping involves scheduled services between fixed ports, while tramp shipping transports bulk cargoes between non-fixed ports depending on availability. Conference shipping involves groups of lines that offer regular services on specific routes at publicly announced prices.
Inspection of cargo tanks for potential oil cargo discrepancy - carrying out internal tank transfer & purging operation detailed explanation by independent marine surveyors dubai- constellation marine
The Hamburg Rules are an international convention that establishes a legal framework for sea cargo transportation. It aims to balance the responsibilities of carriers and shippers. Some key points covered in the document include:
- The scope of application for the Hamburg Rules, which includes international shipments by sea under a contract of carriage.
- The main duties of carriers, which are to properly handle, store and transport cargo, as well as make ships seaworthy. Carriers are exempted from liability under certain conditions like acts of God.
- The fewer obligations of shippers, which mainly involve accurately describing cargo, paying freight, and having cargo ready for loading.
- Exceptions for carriers related to live animals, deviations
Ship p k mitra operating - survival tech - by pk mitraMarexmedia
This document discusses the role of ship operators in managing risks in the shipping business. It outlines the complex process involved and risks operators take on, such as market risks, counterparty risks, and financial risks. It then describes various risk management elements operators implement, including vetting counterparties, conducting vessel checks, voyage planning, and hedge management. The conclusion recommends strategies for operators, owners, and charterers to survive difficult market conditions, such as cost reduction, risk management, relationship building, and hedging underlying freight risks.
This document provides guidelines on filing insurance claims for various types of cargo shipments including sea cargo, air cargo, and local transit. For sea cargo, it outlines the process for break bulk, containers under less than container load (LCL), and full container load (FCL). Key steps include obtaining necessary documents, conducting joint surveys, preferring claims against carriers, and submitting documents to the insurer. Similar processes are described for air cargo and local transit shipments. The document was prepared by T.S. Shrinivaasan of Mar-Tech Insurance Surveyors & Loss Assessors Pvt. Ltd.
The carriage of goods and the liability of air and sea carriersShahab Ud Din
Carriers that transport goods by air or sea have legal liability for any loss or damage to cargo under certain international conventions and domestic laws.
For air carriers, the Warsaw Convention presumptively holds them liable for damage to cargo unless they can show the damage was not due to their fault or negligence. It also limits liability amounts for death, injury, cargo and baggage.
For sea carriers, the Carriage of Goods by Sea Act holds them responsible for cargo from loading to unloading, but exempts them from liability due to errors in navigation or certain sea perils. It also limits liability to $500 per package, unless a higher value is declared.
Both conventions allow carriers to disclaim liability only
The document discusses the Hague-Visby Rules, an international convention that establishes a set of rules for carriage of goods by sea. It was originally drafted in 1924 in Brussels as the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading. It was later amended in 1968 in Brussels, and became known as the Hague-Visby Rules. The rules apply to contracts of carriage that are covered by a bill of lading and define obligations of carriers regarding loading, carriage, care of cargo. It also defines exclusions of carrier liability and governs geographical application between contracting states.
This document summarizes the key articles of the Hague-Visby Rules that govern carriage of goods by sea. The rules define important terms, outline the responsibilities and liabilities of carriers, and specify circumstances where carriers are exempt from liability. It describes requirements for bills of lading, claims processes, and monetary units. The rules aim to balance carrier and shipper interests and provide uniform international standards for sea cargo transportation contracts.
Carriage of goods and liability of air and sea carriersStudsPlanet.com
Carriers that transport goods by air or sea have legal liability for any loss or damage to cargo during transport. For air carriers, the Warsaw Convention establishes that carriers are presumptively liable unless they can prove the damage was not their fault. It also limits liability amounts. For sea carriers, COGSA defines their liability and also places the burden on carriers to prove an exception applies, such as an act of God, if cargo is damaged. Both conventions require notice of damage be provided and lawsuits be filed within certain timeframes.
This document discusses maritime law as it relates to cargo documentation for the carriage of goods by sea. It begins by outlining key areas of maritime law and then focuses on objectives related to familiarizing marine engineers with legal aspects of cargo documentation. It defines important terms, describes various cargo documents like bills of lading and waybills. It also discusses the Hague-Visby Rules and Hamburg Rules which provide international regulations for carriage of goods and bills of lading. The document closes by outlining requirements for issuing and contents of bills of lading.
This document provides an overview of maritime practitioners and chartering markets. It discusses that shipping demand is derived from trade. The dry cargo market relies on a range of vessels for trades like iron ore, coal, grain and timber. Commonly used dry cargo charter parties are Baltime and NYPE, which favor shipowners and charterers, respectively. Time charters and voyage charters are described. Time charters require the owner to provide a ship and crew, while the charterer is responsible for cargo operations. Voyage charters cover a single voyage. The tanker market has separate crude oil and petroleum products trades. Crude oil trades are impacted by Middle East politics while product trades transport refined oils. Chemical carriers require clean
Chartering involves reserving a ship or transportation for others' use. Charterers employ shipbrokers to find ships to deliver cargo for an agreed freight rate. Shipbroking involves brokering between shipowners and charterers. Shipping agencies handle shipments and cargo on behalf of shipping companies, ensuring supplies and documentation are arranged. Key terms in chartering include charter parties recording rate, duration and terms; types of charters depending on cargo ownership; and delivery points affecting hire start times.
Legal Aspects of Charter Parties – Basic Issuescmmindia2017
This document provides an overview of legal aspects related to charter parties, including:
- Types of charter parties like voyage charters, time charters, and bareboat charters.
- Key concepts in charter parties like safe ports, laytime and cancelling dates, notices of readiness, deviation, war risk clauses, and frustration of purpose.
- Maritime law topics of general average, salvage, towage contracts, collisions, and important clauses in time charter parties related to delivery and redelivery of vessels.
The document discusses the structure and legal framework for various charter party agreements and analyzes important concepts, cases, and standard contract terms.
The document summarizes key aspects of three international conventions governing carriage of goods by sea:
1. The Hague-Visby Rules establish carrier liability and regulate bills of lading. They apply to international carriage between contracting states. Carrier responsibilities include ship seaworthiness and cargo care.
2. The Hamburg Rules also regulate carrier liability but aim to give developing countries more bargaining power. Carriers are liable for loss or damage during cargo handling.
3. The Rotterdam Rules were adopted in 2008 to modernize international trade law. They establish uniform rules for door-to-door transport involving sea carriage and clarify carrier obligations and liability.
Outline of Conventions and Legislation applicable to Bills of Lading in the UKAmarinder Singh Brar
A presentation at South Tyneside Marine College on conventions and legislations applicable to Bills of Lading (in the UK).
The presentation starts with history of BLs, followed by a sample from 1390.
It then continues on to a detailed review of Hague Rules. Hague Visby Amendments and SDR Protocol amendments are highlighted as and when required. This is followed by a brief introduction to Hamburg and Rotterdam Rules.
Thereafter legislation is discussed. Specifically COGSA71 and COGSA92, which needs knowledge of BLA1855. This is also briefly touched upon.
The conventions can be easily found on the web. All UK legislation is available at legislation.gov.uk website.
C K SharCase Studies in Chartering & Operations - Converting Knowledge into M...Marexmedia
Here are 3 potential factors affecting freight that were not mentioned:
- Commodity demand - Higher demand for a commodity leads to higher freight rates.
- World Economic Scenario - Strong global economic growth supports trade and freight demand. Weak economies lower cargo volumes and put downward pressure on rates.
- Changing Consumption pattern - Evolving consumption trends, like less coal use, can impact long-term demand for certain cargo types and associated freight rates.
This document discusses various types of chartering agreements in the shipping industry. It covers voyage charters, time charters, time charter on trip basis (TCT), contracts of affreightment (COA), and bareboat charters. For each type, it describes the key characteristics, costs, forms used, and differences between them. Voyage charters are for a single voyage, time charters are for a set period of time, TCT is a time charter for a single voyage, COA provides transport capacity over multiple years, and bareboat charters amount to a lease of the entire ship.
Legal Aspects of Charter Parties – Basic Issues by Alex Pintocmmindia2017
This document discusses key legal concepts relating to charter parties. It begins by defining a charter party as a contract between a shipowner and charterer. It then covers various types of charter parties and concepts like safe ports, laycan, notices of readiness, and deviation. Key clauses for time charters regarding delivery and redelivery of vessels are examined. The document also reviews legal principles such as general average, salvage, collisions and frustration and how they relate to charter parties and maritime law.
The document is a bill of lading for a shipping class listing Miguel Benavidez, Mayra Freire, Ma. Lourdes León, Anais Macías, and Andrea Solórzano. A bill of lading is a document issued by a carrier to the shipper that identifies the nature, quantity, and quality of goods being shipped. It serves as a receipt of the goods and contract of carriage, and must be presented to take delivery of the goods at their destination. The bill of lading should include information like the names and addresses of the carrier and shipper, name and nationality of the ship, loading and unloading ports, name and address of consignee, description of goods, and
The document discusses key concepts in maritime economics including scarcity, demand, supply, derived demand, and the factors that influence demand for shipping such as cargo volume, distance traveled, and ton-miles. It also outlines different types of ships, market participants, methods of ship employment including various chartering arrangements, and important shipping documents like bills of lading and how laytime is calculated.
This document discusses different types of chartering contracts in the shipping industry. It describes voyage charters, contracts of affreightment, time charters, and bareboat charters. It also discusses different forms of shipping services like liner shipping, tramp shipping, and conference shipping. Liner shipping involves scheduled services between fixed ports, while tramp shipping transports bulk cargoes between non-fixed ports depending on availability. Conference shipping involves groups of lines that offer regular services on specific routes at publicly announced prices.
Inspection of cargo tanks for potential oil cargo discrepancy - carrying out internal tank transfer & purging operation detailed explanation by independent marine surveyors dubai- constellation marine
The Hamburg Rules are an international convention that establishes a legal framework for sea cargo transportation. It aims to balance the responsibilities of carriers and shippers. Some key points covered in the document include:
- The scope of application for the Hamburg Rules, which includes international shipments by sea under a contract of carriage.
- The main duties of carriers, which are to properly handle, store and transport cargo, as well as make ships seaworthy. Carriers are exempted from liability under certain conditions like acts of God.
- The fewer obligations of shippers, which mainly involve accurately describing cargo, paying freight, and having cargo ready for loading.
- Exceptions for carriers related to live animals, deviations
Ship p k mitra operating - survival tech - by pk mitraMarexmedia
This document discusses the role of ship operators in managing risks in the shipping business. It outlines the complex process involved and risks operators take on, such as market risks, counterparty risks, and financial risks. It then describes various risk management elements operators implement, including vetting counterparties, conducting vessel checks, voyage planning, and hedge management. The conclusion recommends strategies for operators, owners, and charterers to survive difficult market conditions, such as cost reduction, risk management, relationship building, and hedging underlying freight risks.
This document provides guidelines on filing insurance claims for various types of cargo shipments including sea cargo, air cargo, and local transit. For sea cargo, it outlines the process for break bulk, containers under less than container load (LCL), and full container load (FCL). Key steps include obtaining necessary documents, conducting joint surveys, preferring claims against carriers, and submitting documents to the insurer. Similar processes are described for air cargo and local transit shipments. The document was prepared by T.S. Shrinivaasan of Mar-Tech Insurance Surveyors & Loss Assessors Pvt. Ltd.
The carriage of goods and the liability of air and sea carriersShahab Ud Din
Carriers that transport goods by air or sea have legal liability for any loss or damage to cargo under certain international conventions and domestic laws.
For air carriers, the Warsaw Convention presumptively holds them liable for damage to cargo unless they can show the damage was not due to their fault or negligence. It also limits liability amounts for death, injury, cargo and baggage.
For sea carriers, the Carriage of Goods by Sea Act holds them responsible for cargo from loading to unloading, but exempts them from liability due to errors in navigation or certain sea perils. It also limits liability to $500 per package, unless a higher value is declared.
Both conventions allow carriers to disclaim liability only
The document discusses 4 cases related to risk management in sea carriage. Case 1 involves a claim between a shipowner, charterer, and cargo insurer. Case 2 involves a dispute over damaged cargo. Case 3 involves a missing cargo claim. Case 4 discusses ice conditions that could impact laytime calculations and demurrage charges.
The document discusses key concepts in admiralty jurisdiction and maritime law in India such as actions in rem and in personam, maritime liens, arrest of ships, jurisdiction of courts, and the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act of 2017. Some of the main points covered include how the Act repealed prior legislation and expanded the definition of a vessel and maritime claims. It also discusses provisions regarding arrest of vessels, in rem jurisdiction, maritime liens, jurisdiction of courts, and security requirements.
Marine shipping insurance has existed since the late 17th century when sailors at Lloyd's coffee house in London would discuss insurance. Today, over 50,000 merchant ships internationally carry 90% of global trade. There are several reasons for requiring insurance, such as legal compliance, financial protection from losses, and protection from dangers at sea. Common types of marine insurance include cargo insurance, war risk policies, and insurance for ships under construction. Key parties in marine insurance are the carrier, charterer, consignee, and consignor. A bill of lading is a critical legal document that accompanies all shipments by sea.
Marine insurance protects parties involved in shipping from financial losses due to dangers at sea or accidents during transport. The document outlines the history and development of marine insurance since the 17th century. It describes key parties in shipping - carriers who own vessels, charters who find carriers, consignors who send shipments, and consignees who receive them. The bill of lading is the important legal document issued by carriers detailing a shipment. Different types of marine insurance policies cover vessels, cargo, and risks like war or piracy.
Marine insurance protects parties involved in shipping from financial losses. It covers risks like accidents, natural disasters, war, piracy and more. There are various types of marine insurance policies that cover vessels under construction, cargo, and increased ship values. Key parties in marine insurance are the carrier who owns the ship, the charterer who finds carriers, the consignee who receives the shipment, and the consignor who sends it. A bill of lading is a critical document that outlines shipping details and is required for claims of lost, damaged or delayed cargo.
GUIDELINES ON USEFUL FORMS IN FREIGHT FORWARDING (F) Danny Diep Toh MBA.pdfDanny Diep To
This Guideline provides you the most useful forms in Freight Forwarding industry. You can use the original form or modify some fields to meet your demands. Good luck !
This document discusses the carriage of goods by sea. It covers topics such as contracts of affreightment, charter parties including voyage, time and demise charters. It also discusses clauses in charter parties, mates receipts, bills of lading including clean, qualified and through bills of lading. The duties and liabilities of carriers by sea are explained, including being seaworthy, issuing bills of lading, safety of goods, negligence liability, one year liability limit and liability being limited to declared value. Warranties both implied and in bills of lading are also summarized.
This document provides information about shipping agencies and their roles and responsibilities. It discusses the definition of a shipping agency and the main types of agencies including full agency, OPA, and CPA. It also outlines the types of vessels agencies deal with, key agency processes, standard documentation agency deals, value added services, port restrictions, challenges, and requirements for effective collaboration between parties involved in shipping.
Legal Aspects of Charter Parties – Basic Issues by Alex Pintocmmindia2017
This document provides an overview of legal aspects related to charter parties. It discusses key concepts such as the structure of charter parties, types of charter parties including voyage charters and time charters. Major clauses in charter parties are examined, including delivery and redelivery of the vessel, as well as concepts like safe ports, deviation, frustration, general average, salvage, towage contracts and collisions. Maritime law topics are also covered including war risk and civil commotion clauses.
This document provides an overview of legal aspects related to charter parties. It discusses key concepts such as the structure of charter parties, types of charter parties including voyage charters and time charters. Major clauses in charter parties are examined, including delivery and redelivery of the vessel, as well as concepts like safe ports, deviation, frustration, general average, salvage, towage contracts and collisions. Maritime law topics are explored including definitions and examples within each area.
Insight into Ship Operations - Rahul Bhargav Academic Conference 2018Marexmedia
The document discusses operational efficiency in shipping. It provides a case study on a dispute around notice of readiness (NOR) between a vessel and charterer. The vessel arrived at the port but could not enter until high tide and tendered NOR while at anchorage. The charterer rejected NOR as invalid since the vessel was not at the berth. Courts initially ruled NOR must be valid upon tender, but the appeal court found the charterer had waived its right to object since it did not demand another NOR. The document also discusses managing counterparty and legal risk through clear charter party terms and cargo claims. It provides another case study on deballasting rates and how slow rates impact costs. Overall, the document discusses best practices to avoid
This document provides a booking amendment for a shipping container transport from Port Qasim, Pakistan to Johannesburg, South Africa. The container will be transported by sea on two vessels, with intended transport dates and locations provided. Legal notices indicate that all bookings are subject to equipment availability and terms of the bill of lading. Haulage instructions include the shipper and clearing agent details.
This document provides information about letters of protest in the shipping industry. It begins with a general overview, defining a letter of protest as a statement describing events that occurred contrary to a master's efforts. It notes some common situations that warrant a letter of protest, such as cargo issues beyond a master's control. The document then provides templates for different types of letters of protest related to heavy weather, machinery issues, cargo discrepancies, and high hydrogen sulfide readings in cargo. It emphasizes that letters of protest are used to record issues but have no legal effect, serving primarily to defend a party's position.
A sea protest is a document presented by a ship's captain when extraordinary events occur that could damage the vessel or cargo and result in claims against the captain. The protest provides facts about what occurred without opinions. It is presented to relevant authorities like port authorities to note the events and reserve the right to claim damages. The protest should include details like the ship name, port of registry, voyage details, problem description clearing the captain of responsibility, and an affirmation that the report is true.
Marine insurance protects parties involved in shipping goods by sea from various risks and liabilities. There are several types of marine insurance like cargo insurance, war risks insurance, and newbuilding risks insurance. Key parties involved in marine shipping include the carrier who owns the ship, the charterer who finds carriers for customers, the consignee who receives the shipment, and the consignor who sends the shipment. A bill of lading is an important legal document that is issued to the shipper and outlines important details of the shipment. Marine insurance claims for lost or damaged goods are governed by acts like the Carriage of Goods by Sea Act.
The document discusses the legal doctrine of frustration in contract law. It provides examples of cases where contracts were found to be frustrated due to unforeseen circumstances, such as an artist falling ill before a scheduled performance. However, frustration cannot be claimed if a contract has simply become more difficult or expensive to perform, if some purpose of the contract can still be achieved, if the parties foresaw the frustrating event, or if the frustration was self-induced. The document analyzes cases that demonstrate when frustration will not be accepted, such as when an alternative shipping route was available despite higher costs, or when only part of a contract's purpose was cancelled.
This document discusses 4 cases related to risk management in carriage by sea. Case 1 involves a $1.6 million claim and discusses responsibilities of the shipowner, charterer, consignee and insurers. Case 2 involves damage to a cargo of glass being transported from Turkey to Ukraine. Case 3 discusses a missing cargo of wheat shipped from Ukraine to Egypt. Case 4 describes demurrage issues when a vessel transporting steam coal from Ukraine experienced delays due to sudden winter ice conditions.
Similar to Shipping and arbitration: Insights from the Black Sea countries (20)
Шотландские партнерства популярный на сегодня инструмент.
1. Преимущества всегда были = отсутствие отчетности при соблюдении определенных условий = неосуществление деятельности на терр. Великобритании
2. Не подпадали под требование подавать информацию в реестр бенефициаров (котролирующих лиц), под которые подпадали другие компании Великобритании.
Но, появились первые звоночки...
Международные платежи и регулирование в современной банковской системеEugene Tkachenko
Андрей Дресвянников on behalf of Сергей Лесик (Silk Road Bank, Македония)
Семинар: «Ведение международного бизнеса: компании, счета и налоги»
23 Марта, г. Одесса, отель Gagarinn
Использование нерезидентных компаний украинским бизнесомEugene Tkachenko
Панама: финансовая отчетность уже не миф.
Шотландские партнерства под прицелом?
Грузия: эстонская модель налогообложения с 2017 г.
Ирина Воеводина (Interlegal, Украина)
Семинар: «Ведение международного бизнеса: компании, счета и налоги»
23 Марта, г. Одесса, отель Gagarinn
The document provides information on the Malta Global Residence Programme (GRP) and Malta Residence and Visa Programme (MRVP). The GRP is a tax program that provides substantial tax savings for non-EU/EEA/Swiss expatriates who purchase or rent a property in Malta. The MRVP allows third country nationals to obtain a residence permit by committing to a property purchase, investment, and fee. Both programs provide visa-free travel within Europe and do not preclude working in Malta with a permit. Eligible dependents can also be included.
Трансфертное ценообразование в Украине: практика 2016Eugene Tkachenko
Сергей Гонтаровский (Аудиторская фирма «Триада», Украина)
Семинар: «Ведение международного бизнеса: компании, счета и налоги»
23 Марта, г. Одесса, отель Gagarinn
Grain shipments to Turkey, Middle East and North AfricaEugene Tkachenko
This document discusses various legal and logistical issues that may arise when shipping grain from Ukraine to Turkey, the Middle East, and North Africa. It outlines potential payment delays or disputes and options for resolving defaults, including issuing default notices, reselling the goods to a third party, arbitration, or pursuing legal enforcement. It also provides advice on managing risks related to local customs, sanitation standards, judiciary systems, business practices, conflicts, insurance coverage, force majeure events, and getting expert counsel.
Presentation by Herman Kienhuis (Curiosity VC) on Investing in AI for ABS Alu...Herman Kienhuis
Presentation by Herman Kienhuis (Curiosity VC) on developments in AI, the venture capital investment landscape and Curiosity VC's approach to investing, at the alumni event of Amsterdam Business School (University of Amsterdam) on June 13, 2024 in Amsterdam.
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The report *State of D2C in India: A Logistics Update* talks about the evolving dynamics of the d2C landscape with a particular focus on how brands navigate the complexities of logistics. Third Party Logistics enablers emerge indispensable partners in facilitating the growth journey of D2C brands, offering cost-effective solutions tailored to their specific needs. As D2C brands continue to expand, they encounter heightened operational complexities with logistics standing out as a significant challenge. Logistics not only represents a substantial cost component for the brands but also directly influences the customer experience. Establishing efficient logistics operations while keeping costs low is therefore a crucial objective for brands. The report highlights how 3PLs are meeting the rising demands of D2C brands, supporting their expansion both online and offline, and paving the way for sustainable, scalable growth in this fast-paced market.
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3. • Black Sea is one pool of emerging economies
• Much paperwork, sometimes bureaucracy
• Split of commercial and administrative
functions is different in every country
• Local regulations
• Geographic & climate conditions
Charter Parties in Azov-Black Sea
REGIONAL FEATURES
4. • Short shoulder of the voyage
• Shippers/Receivers impact on the voyage
• Specific charter party clauses
Charter Parties in Azov-Black Sea
CONTRACT FEATURES
8. Ice Occurrence In Black Sea And Azov Sea
83-157 days
December to April
86-142 days
December to April
9. General Ice Clause –
Prior to Loading
18(a) In the event of the loading port being inaccessible by reason of
ice when the Vessel is ready to proceed from a last port or at any
time during the voyage or on the Vessel's arrival or in case frost
sets in after the Vessel's arrival, the Master for fear of being
frozen in is at liberty to leave without cargo, and this Charter
Party shall be null and void.
13. LOCAL REGULATIONS
PORT RULES of GEORGIA - 2012
Article 10. Ships Enter to the Port
The entry of the ship to or departure
out of the port takes place at any time
during a 24 hour day except in the
event of bad weather and certain
circumstances justifying the prohibition
of the entry and departure of ships to
and out of the port.
15. “WRONG” CLAUSE
• GENCON 1994
• Cargo: fertilizers
• Factory break down
• Not possible
to supply the cargo
• Date of supply -
unknown
16. ADDITIONAL CLAUSE
Strike and Force Majeure
Fire, strikes, labour disturbances, lock-outs, requisitions, intervention of authorities,
accidents, tidal wave, flood, fire, lightning, explosion, earthquake, storms, land
slides, interruption of facilities of transportation or communication, navigation
accident, breakdown of production or forming plant, equipment or facilities
affecting production, production capacity or transportation of cargo or production,
failure of the railroad to furnish railroad cars, railroad washouts, breakdown of
equipment or facilities at loading port, denial of export or import licenses, Acts of
God, Acts of Governments, blockade, war, riot, insurrection, wrecks, epidemics,
quarantine, or any other unforeseen event, cause or causes of any nature, whether
similar or dissimilar to any of those herein before enumerated beyond the
reasonable control of the parties are excepted and neither of the parties including
Shippers/Receivers shall be liable for any loss or damage resulting from any such
excepted causes.
The time lost by reason of such excepted causes mentioned above in this clause
shall not count as laytime or time on demurrage either at port of loading, port of
discharge or both.
17. • Vessel delay in port for 5 days
• Charter-party terminated
(by frustration)
• Extra operational expenses
• Costs of idle ballast voyage
• No compensation from the
Charterers
19. •The claim – up to agreed sum
•Sole arbitrator
•Arbitrator may be nominated by
LMAA
•Fixed arbitration fee - £ 3,000
•Submissions limits
•Fast – 2-3 months
20. ADD TO RECAP:
For claims under XXXXX USD
LMAA Small Claims Procedure to apply
LMAA
Small Claims Procedure
51. • Business with unknown intermediaries acting for unknown
principals can be risky without due diligence and counterparty
checks
• Ensure that business is conducted with known or verified
counterparties. Local P&I Correspondents, agents etc. may help
in confirming whether a particular local party is a known
company or whether there are concerns
• Request of unknown counterparties for an advance payment
must be considered twice
• Where possible “freight pre-paid” B/Ls should be avoided,
especially if the freight has not in fact been pre-paid.
54. 02/11 You fix MV “Elf” from Varna to Rostov on
Gencon-94 basis with laycan dates November
09-13, and cancelling date November 14
11/11 Owners inform that the vessel delayed in
previous voyage and will not be able to
arrive within laycan. Owners expect the
vessel to be ready on November 15
What options are open to you?
How would you respond?
Can you cancel now?
55. Christie & Vesey v Helvetia [1960]
The Madeleine [1967]
There is no anticipatory right to cancel in advance of the
specified cancelling date, even though it is clear that the
owner will be unable to tender the ship in time.
Cancellation if exercised until the cancellation date
constitutes an anticipatory breach and repudiation of the
charterparty.
56. 12/11 You agreed to extent laycan and set new
Cancelling date on November 22
16/11 Owners inform that the vessel is still not
ready to load and they cannot guarantee
her readiness before or on November 22
What options are open to you?
How would you respond?
Can you cancel now?
57. 22/11 You send the notice of cancellation of
charter party and seek for another vessel
26/11 New vessel MV “Dwarf” loaded and sailed.
However, due to declaration of ice conditions
in Azov sea, the vessel spent 5 days waiting
for ice convoy and used breaker assistance.
These sums were claimed from you by the
Owners of MV “Dwarf”.
58. As a result of these events, total delay in
delivery of cargo was more than 2 weeks,
and your company has sustained losses as
follows:
• Extra freight - USD 10,000
• Waiting for ice convoy – USD 5,4000
• Ice breaker assistance – USD 1580,00
• Penalty claimed from you by
consignees for late delivery – USD 12,000
Which (if any) of these sums you
can recover from the Owners?
59. Hadley v Baxendale [1854]
• Naturally arise from the breach according the usual
course of things; or
• Were within the reasonable contemplation of the
parties at the time of contracting as the probable result
of a breach
DAMAGES RECOVERABLE:
61. 02/11 Your MV “Elf” arrived to Poti from Varna and
started discharging. Next voyage was fixed
from Poti to Mersin on Gencon-94 basis
with laycan Poti - November 05-11
04/11 Charterers inform that the full cargo is not
ready due to factory problems, and will not
be ready within laycan dates. Charterers
offered you to cancel CP.
What options are open to you?
How would you respond?
62. 06/11 After discharging, your MV “Elf” tendered
NOR in Poti
08/11 Charterers stated that the factory problems
are the event of force majeure, and the
Performance of CP must be suspended for
the period of force majeure event.
Charterers also requested you to wait in Poti
until November 14, when production is said
to be restored
What options are open to you?
How would you respond?
63. 11/11 You send the notice of cancellation of
charter party. As a result of these events,
your company has sustained losses as
difference in freight
- USD 7,000
May these sums be
recovered from the Owners?
Метеорологи, основываясь на многолетних наблюдениях, утверждают, что ничего аномального в морозных зимах для приморских регионов нет. Имеющиеся знания плюс современные ресурсы позволяют специалистам, в первую очередь метеорологам центра Черного и Азовского морей, составлять довольно точный прогноз на предстоящие сезоны года.
В нынешний зимний сезон первое появление льда в черноморских портах ожидается в акватории Николаевского МТП — 26 декабря. Ничего исключительного: по многолетним наблюдениям в среднем это событие датируется 16 декабря, наиболее ранний ледостав приходился на середину ноября, наиболее поздний — на начало февраля.
Очищение ото льда тоже будет проходить в обычные периоды — в среднем в середине марта (самый поздний показатель для Черного моря 17 апреля, Азовского — 24 апреля).
В нынешнюю зиму продолжительность ледового периода будет ниже среднестатистической. В Черном море — 68 ледовых дней (в среднем 86, максимум 142 дня), в Азовском — 75 (83 и 157 дней соответственно).
— Итак, со стороны природы ничего нового не будет. Зима придет, как обычно, — подытожил президент Ассоциации морских капитанов Одессы Вадим ГРИЦЮК. — Очевидно, что необходим хотя бы еще один ледокол. Другого варианта не придумали. Кроме того, для оценки состояния и перемещения ледового поля нужен вертолет. Это тоже не новость для властей — воздушную ледовую разведку придумали еще в прошлом веке.
Как мы встретим предстоящую зиму? Что изменится? Появятся ли дополнительные ресурсы? Предусмотрено ли это бюджетом? Мы так и не знаем.
The Fraudsters create a fake set of Bills of Lading that looks sufficiently genuine against which they seek to take delivery of the cargo in advance of the genuine Receiver.
Судно было зафрахтовано через некого брокера. При этом. Брокером был заявлен крупный и известный украинский экспортер в качестве отправителя.
Как это часто бывает в нашей практике, агента в порту погрузки номинировал тоже фрахтователь.
Естественно, в нашей конкретной ситуации, судовладелец никогда ранее не пользовался услугами этого агента.
Стороны согласовали все условия и судно направилось под погрузку в украинский порт.
На подходе судна к порту агент выставил судовладельцу дисбурсментский счет и попросил ожидать на рейде свободного причала.
Сумма счета составила не много не мало 70 000 USD.
Судовладелец связался с фрахтователем, уточнив готовность груза и стал ждать своей очереди.
После трех дней отсутствия каких-либо инструкций, судовладелец начал обрывать телефоны и электронную почту агента и фрахтователя, однако, емейл молчал а телефоны просто не отвечали.
Судовладелец, не понимая что происходит попросил нас оперативно разобраться в ситуации.
В ответ на адвокатский запрос порт сообщил, что не имеет информации относительно запрашиваемого агента и, более того, никем не заявлялся вообще приход судна.
Проверка компании показала ,что такое юридическое лицо действительно существует и зарегистрировано в Украине, но никакого отношения к агентской деятельности не имеет.
Когда мы проинформировали об этом судовладельца, его удивлению не было предела.
Другого выхода, кроме как покинуть порт ни с чем просто не оставалось. Судовладелец зафрахтовал судно под новую перевозку и отправился в следующий порт.
История началась с того, что между продавцом и покупателем был подписан контракт на закупку сельскохозяйственной продукции на условиях FOB.
Покупателем зафрахтовано судно.
Судно прибыло в порт, полностью готовое к погрузке.
В переписке с покупателем продавец дал развернутые данные по грузу и нахождении его части на конкретном складе. Ему также удалось убедить продавца оплатить аванс, якобы необходимый для формирования полной партии.
Как вы уже наверное догадались, сразу после получения аванса продавец исчез, а покупатель остался один на один с судном и терминалом, на котором якобы находился готовый к отправке груз.
Не сдаваясь, покупатель подал заявление и возбудил уголовное дело, в результате которого был наложен арест на часть груза терминала, но, как того и следовало ожидать, этот груз имел своего законного владельца.
И в этой ситуации, добросовестная сторона стала жертвой своей доверчивости.
Изрядно потратившись, покупатель решил не продолжать войну, а усвоить урок на будущее. Еще одна успешная схема сработала.
Как вы уже наверное догадались, сразу после получения аванса продавец исчез, а покупатель остался один на один с судном и терминалом, на котором якобы находился готовый к отправке груз.
Не сдаваясь, покупатель подал заявление и возбудил уголовное дело, в результате которого был наложен арест на часть груза терминала, но, как того и следовало ожидать, этот груз имел своего законного владельца.
И в этой ситуации, добросовестная сторона стала жертвой своей доверчивости.
Изрядно потратившись, покупатель решил не продолжать войну, а усвоить урок на будущее
Через некоторое время на почтовый адрес агента приходит емейл.
Электронный адрес отправителя в точности напоминал адрес судовладельца. Само же письмо содержало инструкции по дальнейшей передаче коносамента.
Но, в этот же момент злоумышленниками организована «спам отака» на почтовые адреса судовладельца и запрос агента попросту затерялся в тысячах емейлов.
as well as not undertaking due diligence before fixing can leave Owners exposed to the unscrupulous actions of those seeking to take advantage of the tough market conditions.
Could you cancel the charter-party at this stage?No, it will be premature cancellation
As it was held in Christie & Vesey v Helvetia [1960] 1 Lloyd’s Rep. 540 and in The Madeleine [1967] 2 Lloyd’s Rep. 224 there is no anticipatory right to cancel in advance of the specified cancelling date vested in the charterer by the cancelling clause, even though it is clear that the owner will be unable to tender the ship in time. Cancellation if exercised until the arrival of the cancellation date constitutes an anticipatory breach and repudiation of the charterparty.
The test of remoteness in contract law is contemplation. Damages are available for loss which:
naturally arises from the breach according the usual course of things; or
is within the reasonable contemplation of the parties at the time of contracting as the probable result of a breach (this may be, for example, because special circumstances have been communicated at the time of contracting and therefore can be said to be within their reasonable contemplation)
The duty to mitigate losses does not affect the general rule that where a breach is merely anticipatory, namely the intimation of an inability to perform or of an intention to fail in performance of an obligation, the innocent party is under no obligation to accept it as a repudiation, but is entitled to hold the other party to the contract. Thus if, before the ship arrives at the named loading port, the charterers commit anticipatory breach by refusing to provide a cargo, the owners are under no obligation to terminate the contract, but are entitled to proceed to the loading port and tender the ship for loading. However, once the ship has arrived and the charterers fail to provide a cargo within the laydays, thereby committing an actual breach of the charter, the shipowners’ duty to mitigate comes into effect and they must seek alternative employment, and their damages being limited to those which they would have suffered if they had taken this course.