Latest Developments in Voyage Charterparties - 6 Essential Modules

Introduction

Voyage charterparties are the bedrock of the contracts which underpin the movement of cargo.

The legal issues in and around voyage charters, are constantly on the move.

Having a clear understanding of the general obligations and the risk allocation under these contacts, is a key component to using them effectively.

In the last 12 months there have been developments in the areas of laytime, demurrage, liens and bills of lading associated with voyage charters.

This box set looks at the risk allocations in a standard voyage and the developments in the last 12 months, as well as the new GENCON voyage charter form 2022 and the potential impact on the shipping emission framework in voyage charters within the new CII regime.

What You Will Learn

This webinar will cover the following:

Module 1 - Risk Allocation in Voyage Charterparties

This module will cover:

• A summary of the general characteristics of a voyage charterparty - as compared with a time charterparty
• Risk allocation between different voyage charter forms
• Problems when dealing with a chain of charterparties - sub-charters
• The new GENCON 2022 - what has changed?
• CII regulations - who bears the responsibility for compliance?

Module 2 - Notice of Readiness, Laytime, Demurrage & Detention - What Has Been Happening?

This module will cover:

• Notice of readiness - validity is key, the factors the court has been taking into account to determine whether a ship is ‘ready’
• The importance of notice of readiness when determining the commencement of laytime
• Important evidence and documents when a demurrage claim is made
• The owner’s claim for detention
• Time bars

Module 3 - Lien

This module will cover:

• The different types of lien
• Pitfalls of the line - when and how to exercise the right to have a lien on the vessel
• Developments with the ‘lien’ in certain jurisdictions

Module 4 - Bills of Lading

This module will cover:

• The different roles of a bill of lading - receipt, contract, and title
• Letter of indemnity - recent case law
• The recent introduction of the Electronic Trading Document Act 2023

Module 5 - The Incorporation of the International Conventions

This module will cover:

• The law and arbitration clause - incorporation of the international conventions and how certain courts are dealing with jurisdictional issues
• Anti-suit injunctions
• Jurisdiction and choice of forum - generally
• Recent case law

Module 6 - Resolution of Claims Arisen Out of the Charterparty

This module will cover:

• Mediation and other ADR
• Settlement agreements - problems over the last 12 months
• The proposals for reform of the Arbitration Act 1996

This webinar was recorded on 1st January 2024