Shipping and Trading Law Seminar
April 17th 2018, 14:00-18:00
Venue: Villa Sassa Hotel, Via Tesserete 10, 6900 Lugano
We are pleased to invite you to our Shipping and Trading Law Seminar. The audience will be guided through case studies taken from our Geneva Shipping and Trading team’s experience on Sale Contracts, Charterparties and Contracts of Affreightment.
14:00 SESSION ONE
- Contracts of Affreightment: Charterers, “STEADY TRADERS ” nominate late twice within the first year of a 4 year COA. Owners, MV “BUSY LIFTING ELSEWHERE ” refuse to perform the balance of the COA. What conduct amounts to repudiation under a CoA? Avoiding mistakes such as wrongful repudiation of a CoA.
- Seaworthiness: MV “SEAWORTHY OWNERS” miss their laycan under a CP due to apparent unseaworthiness. What are SEAWORTHY OWNERS’ obligations under the Asbatankvoy form? Can Charterers claim damages? The same laycan is incorporated into an FOB sale contract; can damages can be claimed by Sellers from the FOB Buyers, who are also Charterers of the MV SEAWORTHY OWNERS?
- The obligation to load in a reasonable time – MV SLOW STEAMING is supplying Sellers under a CIF sale contract with estimated arrival dates at the disport. What circumstances allow Buyers to reject a cargo carried on the MV SLOW STEAMING if she is late? (The Wise).
- Dangerous Goods: The nature and scope of a shipper’s liability for shipment of dangerous goods explained: common law obligation on a Shipper or Charterer versus Owners’ responsibilities: the Giannis NK and developments in liquefaction issues.
Sarah Hunt, Partner, HFW, and Michael Buisset, Partner, HFW
15:00 SESSION TWO
- When is a delivery not a delivery?
- Package limitation for containerised cargos – how much can a carrier be liable for?
- Container demurrage – when does it stop running?
- Containers overboard and bad stowage – a short case study
- Cargo deck liability: how do the rules apply and what you should be aware of.
Michael Buisset, Partner, HFW, and William Hold, Senior Associate, HFW
16:15 SESSION THREE
Issues in sale contracts involving risk, title, delivery, insurance and certificates final
- Risk, title, delivery and insurance: key issues
- Certificates final: what happens when 2 inspectors dispute results
- Retention of title – issues to be aware of in different jurisdictions.
- The Mercini Lady: is there an implied term that goods will remain in good condition after the point of delivery under an FOB/CIF sale contract?
Including questions and answers in cases study format.
Sarah Hunt, Partner, HFW; William Hold, Senior Associate, HFW, and Kathryn Martin, Senior Associate, HFW
17:15 SESSION FOUR
A question centering on the Luxmar case: HFW will lead the audience in a mock arbitration arising from a commodities sale contract dispute.
The audience will divide into two and prepare arguments around the following key topics:
- Sellers’ obligations in respect of the delivery of cargo under an FOB contract with a laycan/lifting period.
- The interaction between demurrage and damages.
- Quantum of damages and the meaning and effect of exclusion clauses.
Sarah Hunt, Michael Buisset, William Hold and Kathryn Martin
18.00 DRINKS AND NETWORKING WITH PARTICIPANTS
LCTA Members CHF 300
Non LCTA Members CHF 400
If a participant cannot attend the course, it is possible to be substituted by another person. If the absence is not notified within 5 days from the course, 30% of the fee will be withheld as part of administration costs. No notification at all will imply that the course fee will remain due to full payment, despite the non-attendance of the delegate.
On-line registration form
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