Hong Kong 25 November 2010

Transcription

1 Using SHIPMAN 2009 Hong Kong 25 November 2010

2 09:00-09:30 Registration / Coffee Monday 25 November 09:30-09:45 Opening Remarks and Introduction 09:45-10:30 Shipmanagement in Perspective Current trends, perspectives and issues Ship Management developments since the first SHIPMAN/CREWMAN in 1998 Stephen Mackin, Eversheds LLP, Newcastle upon Tyne Grant Hunter, Chief Documentary Affairs Officer, BIMCO 10:30-11:00 Coffee 11:00-11:30 SHIPMAN/CREWMAN 2009 Introduction Practical aspects on using the document main differences SHIPMAN/CREWMAN 98 and :30-12:00 Section 1 - Basics of the Agreement Definitions Commencement and Appointment Authority of the Managers Identifying the Employer 12:00-12:30 Section 2 - Services Technical Management Commercial Management Insurance Arrangements Crew Management Crew Insurances 12:30-13:00 Section 3 Obligations Managers Obligations Owners Obligations Crew Managers Obligations 13:00-14:00 Lunch 14:00-14:30 SHIPMAN 2009 Section 4 - Insurance, Budgets, Income, Expenses and Fees Introduction to Insurance Policies Income Collected and Expenses Paid on Behalf of Owners Management Fee and Expenses Budgets and Management of Funds Crew Management fee and Expenses 14:30-15:00 Insurance Policies - in detail 15:00-15:30 Coffee 15:30-16:30 SHIPMAN 2009 Section 5 - Legal, General and Duration of Agreement Trading Restrictions Replacement Managers Right to Sub-Contract Responsibilities General Administration Inspection of Vessel Compliance with Law and Regulations Duration of the Agreement Termination BIMCO Dispute Resolution Clause Notices Entire Agreement Third Party Rights Partial Validity Interpretation 16:30-17:00 Debriefing

3 SpeakerS Stephen Mackin Stephen is a partner in Eversheds shipping group. He specialises in shipping and energy related issues particularly those arising from the carriage of oil and gas by sea involving charterparties and bills of lading. His areas of particular expertise are oil and gas tanker related issues including disputes arising from oil shortage, cargo contamination, unsafe port/berth disputes and market loss claims. Stephen joined Eversheds in 1992 and qualified in He has a first class B.Sc. (Hons) Degree in Maritime Studies and, before qualifying as a solicitor, he spent five years with Shell Tankers (UK) Limited. Stephen has practical experience of the operation of VLCC s, Product Tankers, LNG Tankers and Bulk Carriers. He was Shell cadet of the year, a watch-keeping officer with Operation Raleigh and has sailed the Atlantic on a Tall Ship. He speaks regularly at conferences worldwide on shipping energy related issues. He is regarded by Chambers Directory as a leader in his field and described as being the person you want on right hand when you have a dispute. Grant Hunter Grant Hunter is Chief Documentary Affairs Officer at BIMCO, responsible for the development, revision and promotion of BIMCO s wide range of standard contracts and clauses. Recent projects include the development of BIMCO s Standard Shipbuilding Contract, NEWBUILDCON, the revision of the widely used SHIPMAN Standard Shipmanagement Agreement, and the development of two new voyage charter parties one for the heavy lift sector and one for the chemical tanker parcel trades. He has worked for BIMCO since Previous careers include five years at sea with the Ben Line and eight years working ashore in the commercial and operations department of P&O Bulk Shipping in London. Grant has a Masters degree in maritime policy and law from the London School of Economics.

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5 Registration Fee BIMCO Members Non-Members Course Fee: EUR 400 EUR 500 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. To Sign Up To sign up, please follow the on-line registration link on As the number of participants is limited, please register as soon as possible. Please contact us if you register later than Thursday, 4 November Registration will be handled on a strictly first come, first served basis. Once you have registered, a confirmation will be sent to the 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 sent to you after registration. Another confirmation will be sent when they have received your payment. Questions about registration or payment can be directed to bimcocourses@ics.dk, Tel: , Fax: 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 Thursday, 4 November 2010 entitles you to a 50% refund of the course fee. Cancellations after this date are not subject to refunds. In case of insufficient advance registrations BIMCO Informatique A/S reserves its right to cancel the course and refund the full course fee, less banking fees. BIMCO Informatique A/S reserves all rights to revise the course programme and to change the course dates and the venue. 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 Delegates will receive a file on arrival which includes the course material. All documentation and presentations will be in English. Questions Questions about registration, payments or about the course should be directed to education@bimco.org

6 Using Shipman 2009 Hong Kong 25 November 2010 In November 2009, the BIMCO Documentary Committee formally approved the revised SHIPMAN and CREWMAN documents. SHIPMAN is one of BIMCO s best selling standard forms and enjoys almost universal usage in the ship management sector. Ten years after the last edition was released, BIMCO has taken careful account of changes in ship management practice and the law to bring this important document up to date. Given the importance that the shipmanagement sector places in SHIPMAN, the revision process has been undertaken with great care so as not to upset the basic principles enshrined in the agreement and which, in many respects, have come to be regarded as the law of shipmanagement. The revision has focussed on bringing greater clarity to the agreement and to addressing issues which are not currently covered in SHIPMAN 98. In particular, the new form contains new references to the ISM and ISPS Codes and the Company and the responsibilities of the parties in that respect. For ease of reading, the revised SHIPMAN and CREWMAN A+B have been divided into five distinct sections, similar to the method used in NEWBUILDCON. The two day programme will follow the layout of the forms: Section 1 Basis of the Agreement Section 2 Services Section 3 Obligations Section 4 Insurance, Budgets, Income, Expenses and Fees Section 5 Legal, General and Duration of Agreement This will provide for a thorough examination of the revised documents and where relevant, speakers will clarify changes between the previous and the newly revised forms. Since 1987, BIMCO Courses has staged a large number of courses and seminars. Over 10,000 participants from 65 countries can attest that these events are an effective way of obtaining practical information on the latest developments in shipping, as well as on matters of local or specific interest. There will be ample opportunity for participants to meet and discuss the issues with their peers during the coffee breaks, lunches and reception. Should you have any questions about the course, please contact: Bagsvaerdvej 161 DK-2880 Bagsvaerd Denmark Tel: Fax: education@bimco.org Web: mdm