7-8 March 2016SHANGHAI

VOYAGE CHARTERING

V O Y A G E C H A R T E R I N G

MONDAY, 7 MARCH08:30 - 09:00 Registration / Coffee

09:00 - 09:30 Introduction to Participants and WorkshopsWayne Zhuang, Regional Manager of Asia, BIMCO

The Framework

09:30 - 10:00 Formation and Terms of the Charter• The binding agreement• The parties• “Subjects”• Terms • Law governing the contract

10:00 - 10:30 Why Do You Need a Charter Anyway?• The sale contract and its inter-action with chartering• Types of charter: bareboat, time, voyage and CoAs

10:30 - 11:00 Coffee

11:00 - 12:00 Description of the Vessel and Seaworthiness• Qualifications - “About” and “Without Guarantee”• Contractual consequences of misdescription• Seaworthiness: meaning and extent of obligation

The Four Stages (plus one)

12:00 - 12:30 The Voyage to the Loading Port• The position of the vessel at the time of fixing• The obligation to proceed to the loading port• “Expected ready to load”• ETA and other notices required

12:30 - 13:00 Ports, Places and Berths• “Port”, “Berth” or “Place” • Safe/Unsafe port/berth• Cargo operations • Notification of readiness • Allocation of risk and cost of loading, stowage

13:00 - 14:00 Lunch

14:00 - 14:30 The Cargo – on Board• Charterers’ obligations and rights • Owners’ obligations and rights • Express exceptions clauses• Dangerous cargo• Deck cargo

14:30 - 15:00 Cargo on Board• Bills of lading, Hague/Hague Visby and Rotterdam Rules• Functions of the Bill of Lading and its relationship with the Voyage Charter• Duties in relation to and under the Bill of Lading

V O Y A G E C H A R T E R I N G

MONDAY, 7 MARCH (cont.)15:00 - 15:30 The Carrying Voyage

• Routing, deviation and delay• Voyage to alternative ports

15:30 - 16:00 Discharge and Delivery of the Cargo• Receivers and their rights and obligations• Allocation of risk and cost of discharge

16:00 - 17:30 Case Study No 1Coffee break scheduled at an appropriate time during the case study.

TUESDAY, 8 MARCH

Financial Aspects09:00 - 10:00 Freight

• Definition and calculation• Deadfreight• Method of payment, place and time of payment• Deductions from freight

10:00 - 11:00 Laytime• Loading and discharging within the agreed laytime• Defining the period• Valid NOR • Laytime allowed• Calculation of laytime• Exceptions from laytime

11:00 - 11:30 Coffee

11:30 - 12:30 Demurrage and Despatch• Despatch on “all time saved/laytime saved”• “Once on demurrage always on demurrage”• Damages for detention• When is demurrage due?• Who is liable for paying demurrage?• Time bar clauses

12:30 - 13:00 Liens• The nature of a maritime lien• Lien and cesser clauses• The result of failure to exercise a lien• Creating a lien • Practical aspect of exercising a lien

13:00 - 14:00 Lunch

Problem Solving and Dispute Resolution14:00 - 15:30 Problems in the Performance of Voyage Charters

• Cancellation• Breach of contract by Owners• Breach of contract by Charterers• Third parties interfering with performance• Letters of Indemnity• Damages and recoverability of damages• Frustration• Casualties and General Average

15:30 - 17:00 Case Study No 2Coffee break scheduled at an appropriate time during the case study.

V O Y A G E C H A R T E R I N G

ORGANISER

SPEAKERS

Andrew Rigden-GreenAndrew is a specialist in maritime and international trade matters, including shipbuilding and construction, installation and operation of offshore structures. He is an expert in arbitration, litigation and mediation and is the head of the Maritime and International Trade team in Hong Kong.Andrew has a wide range of experience in dry shipping and international trade and trade finance dispute resolution. He has represented clients in the English and Hong Kong high courts and courts of appeal, in arbitrations in London and Hong Kong and has conducted numerous mediations. He is familiar with LMAA, ICC, HKIAC and GAFTA arbitrations. Andrew has particular experience in jurisdiction disputes and in obtaining injunctions in support of litigation and arbitration.

Wayne ZhuangWei Zhuang is the Regional Manager of Asia, BIMCO. Wei started his BIMCO career with the legal & contractual affairs department where he joined a wide range of BIMCO’s standard contracts and clauses projects, including project development, revision and promotion. He was further promoted as China Liaison Officer as well as the General Manager of BIMCO Shanghai Centre. Now he is committed to keeping a constructive relationship with regional regulators and industry stakeholders and, most importantly, to provide portfolio services to BIMCO members and potential members in Asia. Wei’s previous positions include eight years as a maritime lawyer and Senior Fellow at Maritime University. He has a master’s degree in maritime law and a PhD in international law.

Philip YangPhilip Yang has been a full-time arbitrator for well over 20 years, mainly in international trade, shipping and commercial disputes. He has published/issued over 500 arbitration awards as a sole or co-arbitrator. He is also a professor teaching arbitration law and practice in the City University of Hong Kong and the Programme Leader of the LLM in Arbitration. Mr. Yang is deputy chairman of the Documentary Committee, Baltic and International Maritime Council (BIMCO), Denmark, the Honorary Chairman and Council Member of The Hong Kong International Arbitration Centre (HKIAC), the Past President of the Asia-Pacific Regional Arbitration Group (APRAG). Besides, he has published many books and a lot of articles on international trade, shipping and arbitration related topics/matters.

V O Y A G E C H A R T E R I N G

VENUE

Grand Kempinski Hotel Shanghai

Lujiazui Ring Road 1288200120 ShanghaiChina

Tel +86 21 3867 8888Fax +86 21 3867 8666Email Address: reservations.shanghaipudong@kempinski.com

V O Y A G E C H A R T E R I N G

REGISTRATION

FEE BIMCO Members Non-Members

Course Fee: EUR 650 EUR 850

Free of VAT: EU 6th VAT Directive, reverse charges apply. Private persons registering without the support of a VAT registered company, please contact: bimcocourses@ics.dk

The fee includes coffee breaks, lunches and course materials. The fee does not include accommodation. Accommodation should be arranged separately by the participant directly with the hotel.

10% Group Discount: Signing up 3 or more participants from the same company entitles you to a 10% group discount. Please contact education@bimco.org for more information.

TO SIGN UP To sign up, please use the On-Line Registration, which can be found on our website at www.bimco.org - at top click EDUCATION - Courses.

As the number of participants may be limited, please register as soon as possible. Registration will be handled on a strictly first come, first served basis.

Once you have registered, a confirmation e-mail will be sent to the e-mail address provided during registration. Please note that you will only be considered officially registered once your Registration and Payment have been received.

PAYMENT All payments and registrations are handled by our conference organiser, ICS A/S Copenhagen. Their details can be found in the confirmation e-mail sent to you after registration. Another confirmation e-mail will be sent when they have received your payment. Questions about registration or payment can be directed to bimcocourses@ics.dk, Tel: +45 3946 0500, Fax: +45 3946 0515.

Payment is to be received LATEST ONE WEEK after registration, failing which the registration will be null and void. If you have registered into a waiting list, payment must be effected within one day after an available seat has been offered to you, failing which the seat will be offered to the next person on the waiting list.

SUBSTITUTION Substitution can be made free of charge until one week before the course begins.

CANCELLATION Cancellation on or before Monday, 22 February 2016 (2 weeks before the course begins) entitles you to a 50% refund of the course fee. Cancellations after this date are not subject to refunds.

BIMCO Informatique A/S reserves the right to update the course programme and/or cancel the course in case of insufficient advance registration.

VISA INVITATION LETTERS

Should you require an invitation letter from BIMCO to support your visa application, please note that such a letter can only be issued when receipt of payment has been confirmed.

COURSE MATERIAL

BIMCO has implemented electronic course files to replace the paper files we have used for many years. The electronic format is an Adobe PDF file enabling you to make personal notes using a computer or tablet.

You will therefore need to bring a computer or tablet to the course!

All documentation and presentations will be in English.

QUESTIONS Questions about registration or payments can be directed to bimcocourses@ics.dk Questions about the course should be directed to education@bimco.org

V O Y A G E C H A R T E R I N G

VOYAGE CHARTERING

The reality of the chartering market is that a ship is employed in order to perform a contract for the international sale of goods. Most international sales, whether CIF, FOB or on some other basis, include an obligation to transport the goods from one country to another and require one or more of the parties to enter into a contract of carriage with the transporting ship and to insure the goods during transit. Therefore, the reality of the situation is that the carriage contracts are heavily influenced by the sale contract and the documents which are customarily demanded from the ship and cargo underwriters must satisfy the requirements of the sale contract.

Both carriers and traders need to understand how the various aspects of the overall arrangement inter-relate since their expectations and requirements will be influenced by - and sometimes frustrated by – the expectations and requirements of the other parties. Most other workshops are designed to examine specific aspects of international sales, insurance or carriage but the aim of this workshop is to consider the situation as a whole. The close links between the sale contract, the insurance contract and the carriage contract will be examined in presentations and case studies to see why and how the various documents which are customarily issued inter-relate. Each aspect of the arrangement (i.e. the cargo sale, the cargo insurance and the carriage contracts) will be considered both separately and in relation to the other relevant aspects.

2 0 1 6 - 0 1 - 2 0 m d m

Should you have any questions about the course, please contact:

Bagsvaerdvej 161 DK-2880 Bagsvaerd

DenmarkTel: +45 4436 6800 Fax: +45 4436 6868

E-mail: education@bimco.org Web: www.bimco.org