Master Class on Bills of Lading & Charter Party Clauses – TDBL
*Prices do not include VAT, GST, or any other local taxes. All applicable taxes will be added to the invoice.
**Please register by the deadline to help us ensure sufficient attendance and avoid postponing the course.
A unique opportunity to expand your knowledge about the Bill of Lading, its major functions and relationship with the charter party including incorporation of charter party terms into the bill of lading. You will learn about the various representations in the bill of lading including the liabilities of the parties to the contract, both in contract and/or tort. The relationship between the bill of lading, charter party, sale contract and the letter of credit will be discussed with supporting authorities.
The importance of the international regulations like the Hague, Hague-Visby rules and their impact will be discussed along with the duties and rights of the carrier and any exclusions and limitations to his liability. This four-day masterclass will further provide you with an opportunity to explore key clauses related to the rights and obligations of the parties to the contract of carriage. The process and practical solutions to litigious issues like correction, cancellation and switching of bills will be explained. These concepts and principles will be supported and discussed using relevant case laws and practical case studies.
What Will You Learn?
- Expand your knowledge of both the commercial and legal functions of a bill of lading.
- Learn about the common ‘labels’ attached to bill of lading and its relationship with a sale contract.
- Explore practical concerns regarding issue, enforcement of bill of lading and delivery of cargo to the rightful holder of the bill of lading
- Analyse the importance and impact of Hague, Hague-Visby, COGSA 71 and 92.
- Understand the functions and use of documentary credits and related rules (UCP 600).
- Learn about shipowners and charterers rights and obligations under both voyage and time charter parties.
- Explore the Dispute Resolution Mechanisms available to you in case of a claim.
Who Should Attend?
The supply, trading and risk management departments in oil, gas and petrochemical companies, the commercial and operations departments in the shipping affiliates or divisions of oil companies, the commercial and operations departments of ship owning companies, the planning and financial departments of shipping companies and oil company transportation divisions, banks and financial institutions involved in oil tanker, gas and chemical carrier finance, accountants and legal firms dealing with energy transportation issues, oil trading and distribution companies and management new to the transportation sector.
Introduction to Bills of Lading
- Commercial and legal functions of a B/L
- Document of Title
- Transferable Contract of Carriage
- Common “labels” for B/L and other similar docs
- Electronic Bills of Lading
- Relationship between a B/L, CP and Cargo Sale Contract
- Comparison between 2000, 2010 and 2020 INCOTERMS
- Ocean Transportation Terms: FAS, FOB, CFR & CIF
- Impact on Trading and Chartering
Hague and Hague-Visby Rules, COGSA 71 and 92
- Overview and their application
- Rights and Obligations of parties
- Paramount Clauses
- Comparison to Common Law
Bill of Lading as a Receipt
- Representations in the B/L
- Liability in Contract and Tort
- Statements in the Bill of Lading as to;
- Apparent order & condition
- Quantity/weight & Quality
Bill of Lading as a Contract
- Evidence of or a Contract of Carriage?
- Parties to the contract
- Identity of the carrier
- Identity of the cargo interest
- Identification of the charter party / contract of carriage
- Incorporation of the charter party terms
Bill of Lading as a Document of Title
- Meaning and transfer of title
- Right of “stoppage in transit”
- Delivery and misdelivery by the carrier
- Case Study – Misdelivery of cargo
- Letters of Indemnity ~ good and bad
Bills of Lading – Practical Concerns
- Issue of a Bill of Lading
- Place and Time/Date of Issue
- Authority to Sign/Bind
- Lawful holder of a B/L - COGSA 92
- Transfer of rights against the carrier
Rights & Obligations – UCP 600 / ISBP
- UCP 600 - Relevance to Bills of Lading
- Who dictates terms in Letters of Credit?
- Correction, Cancellation or Substitution of a B/L
- Fraudulent Bills of Lading
Rights & Obligations - Voyage & Time Charters
- Providing a Seaworthy Vessel
- Meaning of Seaworthiness
- Common Law v HV Rules
- Reasonable Despatch
- Safe Carriage of Cargo
- Concept of Cargoworthiness
- Stowage on or below deck
Voyage & Time Charters Continued…….
- Justifiable Deviation
- Unjustifiable Deviation – a fundamental breach of contract?
- Safe Port and Berth
- Concept and Definition of safe port/berth
- Discussion using relevant case law – Eastern City” and “Ocean Victory”
- Exclusion and Limitation of Liability
Voyage & Time Charters Continued…….
- Comingling of Cargoes
- Lien on Cargo, sub-hire, sub-freight, deadfreight and demurrage
- Shippers’/Receivers’ liability for Demurrage – “Miramar” and “Spiros C”
Dispute Resolution Mechanisms
- Early Neutral Evaluation/Intervention
- Mediation, Arbitration and/or Litigation
- Seat of Arbitration
- Forum Shopping