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COURSE OUTLINE
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COURSE OUTLINE
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Presentation
MODULE 1
GENERAL INTRODUCTION
- Formation of contracts under English law
- Express and implied terms
- Warranties & conditions & innominate/intermediate terms
- The relationship between the contract of sale, the charter party and the bill of lading
- The negotiation and formation of the charter party contract
NEGOTIATION TECHNIQUES
- Role of shipbrokers
- Law of agency and warranty of authority
- “Subjects”
Presentation
MODULE 2 | VOYAGE CHARTERS
THE SHIPOWNERS’ DUTIES
- Hague-Visby Rules: Particularly Articles 3 and 4
- Cancellation clauses
THE CHARTERERS’ DUTIES
- Provide cargo, correctly described
- Pay freight/dead freight/demurrage/damages for detention
- Port nominations including safe port
VOYAGE ESTIMATING
- Basic techniques and necessary data
LAYTIME AND DEMURRAGE
- Introduction – why it needs to be included in negotiations
Presentation
MODULE 3 | TIME CHARTERS
- Time charter duration and re-delivery
- Last Voyage Clauses
- Express and implied tolerances
- Payment of hire/on time/withdrawal/grace period
- Permitted deductions
VESSEL EMPLOYMENT ORDERS
- Employment v navigation and safety, incl “HILL HARMONY”
- Orders which a master must or may refuse
- Who is responsible for cargo operations and stevedore damage?
Presentation
MODULE 4
PERFORMANCE CLAUSE
- Why is this clause of paramount importance?
- Types of paramount clauses used in bills of lading
- Types of paramount clauses used in charter parties
COVID-19: C/P LIABILITIES, RISK MITIGATION CLAUSES
- Responsibilities for delays caused by Covid-19
- Consequences of crew illnesses
- Free pratique/quarantine issues
- Safe port warranties
- Charterers’ requirements to provide alternative voyage orders
- Implied indemnity for following charterers’ voyage orders
- Force Majeure and contract frustration
- ‘Coronavirus’ clause
- Additional Vetting Inspection Clause
DISPUTE RESOLUTION CLAUSES
- The importance of negotiating various methods of resolving
disputes - Early neutral intervention/mediation/arbitration/litigation
- Which law applies to what
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