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Commercial Maritime Contracts for Non-Lawyers
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Commercial Maritime Contracts for Non-Lawyers

2-Day Training Course: THE Essential Guide for Understanding Contractual Obligations & Liabilities. Build your knowledge & confidence in how contracts of carriage, contracts of sale & contracts of cargo insurance work in practice; their key components, their inter-relationship, their pitfalls, risks & opportunities for strategic advantage.

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Key Learning Objectives

  • Recognise and analyse the form and nature of documents used in international trade
  • Link international sales and carriage of goods by sea with cargo insurance
  • Analyse CIF and FOB contracts with emphasis on obligations of sellers and buyers respectively
  • Determine and state the rights and obligations of parties under a contract of affreightment
  • Explain and differentiate carriage of goods under a ship charter and a bill of lading
  • Identify, recognise and interpret components of various types of Bills of Lading according to transport modes, payment terms and sales contracts
  • Summarise international rules governing risk allocation Identify issues to prevent and manage maritime fraud

About the Course

Most international sales, whether on CIF, FOB or other terms, include an obligation to transport the goods from one country to another. Worldwide, ships are the primary vehicle for performing contracts for the carriage of goods.

To complete an international sale, the buyer or seller or even other persons enter into a contract of carriage with the owner or operator of the carrying ship. One of the parties is also required to arrange insurance for the goods during transit. Hence contracts of carriage
are strongly inter-related with contracts of sale and contracts of cargo insurance: documents demanded from and provided by the ship and also from cargo insurers must satisfy the requirements of the contract of sale.

The whole transaction: sale, insurance and contracts of carriage, will contain provisions in the documents that cover performance and also liability of one or other of the parties if the obligations are not carried out. The expectations and requirements of both carriers and traders are influenced by – and sometimes frustrated by – the contractual obligations and rights of the other parties.

This course analyses the close links between the two main contracts: of sale and carriage. It will discuss the relationship between the typical documents and the liabilities that arise out of the contracts, revealing key pitfalls and opportunities for strategic advantage.

Who Will Benefit

Ideal for those who have completed our Shipbroking & Chartering Fundamentals course and are looking for the next-step

  • Newcomers to the maritime industry and shipping business
  • Shippers, exporters, importers and other users of ships
  • Freight forwarders and customs agents and others acting as NVOCs
  • Shipbrokers and marine insurance brokers
  • Practising staff in law firms seeking an introduction maritime contracts
  • Bankers and financiers who deal with international trade
  • Staff employed in firms that offer cargo insurance
  • P&I correspondents and cargo surveyors

A CPD Course

Use this course to help fulfil your Continuing Professional Development (CPD) educational requirements to retain your professional/chartered status.

Contact your relevant association to learn how.

Course Outline

Understanding the relationship between sale, insurance and carriage documents

The principles of international sales and documentary credits

  • INCOTERMS
  • Payment mechanisms
  • Documentary credits and UCP
  • Essential documents
  • The principles of cargo insurance

Carriage:

  • Voyage charters
    • Costs and responsibilities for loading and discharging
    • Shipowner’s obligations for seaworthiness, care of cargo, proceeding with dispatch, release of bills of lading and delivery of cargo
    • Charterer’s obligations: nomination of ship, provision of cargo, payment of freight, laytime and demurrage
    • Role of laytime and demurrage in contracts for the international sale of goods
  • Sea carriage documents
    • Bills of lading
      – Types and functions: Receipt, Contract of Carriage and Document of Title
    • International agreements covering allocation of risk and their relevance
      – Hague rules
      – Hague-Visby rules
      – Hamburg rules and
      – Rotterdam rules
    • Letters of indemnity at load ports and discharge ports
    • Maritime fraud
    • Switch bills of lading
    • Transfer of rights and obligations between holders of bills of lading
  • Carriage under time charters
    • Duration
    • Employment clause
    • Hire, off-hire and withdrawal
    • Safe ports and berth

Case study discussion session
This session will illustrate various examples of maritime contract development and management over the lifecycle, how issues arose and were managed. The discussion will illustrate many of the concepts above

On-site & in-house training

Deliver this course how you want, where you want, when you want – and save up to 40%! 8+ employees seeking training on the same topic?

Talk to us about an on-site/in-house & customised solution.

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