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TRANSPORT SHIPPING TRADE

TRANSPORT SHIPPING TRADE. Project Cargo shipments: tips from legal advisor Natalia Myroshnychenko, Interlegal. Pre-shipment. Cancellation of shipment. Owners. Charterers. Gencon /Booking Note. Grounds for cancellation. Charterers’ cancellation: Non-readiness of cargo

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TRANSPORT SHIPPING TRADE

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  1. TRANSPORT SHIPPING TRADE Project Cargo shipments: tips from legal advisor Natalia Myroshnychenko, Interlegal

  2. Pre-shipment Cancellation of shipment

  3. Owners Charterers Gencon/Booking Note

  4. Grounds for cancellation • Charterers’ cancellation: • Non-readiness of cargo • Financial problems of Cargo Buyers • Owners’ cancellation: • Vessel’s delay for laycan • Impossibility to take another part cargo

  5. We hope you understand charterer’s current situation and forgive us for causing trouble for this contract. Charterers:

  6. Notice of cancellation • Grounds • Cancelling clause • Jurisdiction Cancelling Party

  7. Counterparty to Cancelling Party • Immediate short claim • Statement of contract breach • Declaration of damages • Grounds for recovery • Jurisdiction

  8. Voyage Late delivery

  9. ? Shipowner Charterer

  10. Charterers’ position Owners’ failure to prosecute the voyage with due dispatch Breach of delivery term Owners’ position Justifiable deviation

  11. English case law justifiable deviation – voyage charter • to effect repairs to the ship (see Kish v. Taylor [1912]) • to avoid capture or confiscation (see the Teutonia [1872]) • to save life or property (see Monarch v. Stamp [1880]) • to load full cargo (see Wallems v. Muller [1972])

  12. Registered Owners Time Charter Time Charterer Charterer Voyage Charter

  13. DELIVERY TERM CLAUSE/AGREEMENT • Agreed port rotation • Fixed transit time • ‘First out’ basis • Penaltiesclause

  14. Post - voyage Dispute

  15. “Arbitration in London, English law”

  16. Arbitration in London without any reference to the number of arbitrators One arbitrator only No express mechanism for the appointment of the arbitrator

  17. English Law, Arbitration in London, the reference to three arbitrators in accordance with the LMAA Terms

  18. IMMTA Transport, Shipping & Trade 2/4 Observatorny lane,office 57 Odessa, 65014, Ukraineemail: office@interlegal.com.ua tel.:+38 048233.75.28 fаx.: +38 0482 49.69.25 mob.: +38 048 703.75.05

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