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BIMCO has hosted a panel session on arbitration in Shanghai to discuss current issues such as the future of arbitration centres, the impact of BREXIT, the impact from the emergence of China as a leading shipping nation and much more.
Long distance ocean towage presents numerous challenges to tugowners, not least of which is the impact of adverse weather on the performance of the tug and tow.
During the summer of 2021, BIMCO published the latest version of Check Before Fixing , which can be purchased both in print and as an e-book. It has been a very popular tool for decades and it is easy to understand why. It provides the reader with highly practical guidance and tips for avoiding pitfalls when negotiating shipping contracts. It is meant to be a quick reference book for anyone involved with day-to-day commercial shipping. While it also serves as a guide in situations where disputes have already arisen, the aim is for it to be used proactively to evaluate the risk of terms and clauses commonly used in shipping contracts.
Richard Neylon is Partner at HFW in London. Richard specialises in shipping and crisis response. He acts for a range of shipowners, charterers and insurers, in wet and dry shipping disputes. A large proportion of Richard's work involves resolving disputes arising from marine casualties and he has been involved in many of the recent high profile incidents. He has particular experience of collisions, fires/explosions, salvage, piracy, capture/seizure, groundings and unsafe port claims – often involving complex multi-jurisdictional litigation and arbitration. Whilst he works in the Admiralty & Crisis Management department, the complexity of modern marine casualties necessarily involves him in a mix of wet and dry work.
BIMCO’s Holiday Calendar covers general holidays in over 150 countries plus local holidays and working hours in more than 680 ports around the world.
The seminar will provide an overview of the commercial and legal principles of Force Majeure and Frustration in connection with voyage and time chartering. The seminar will cover the definition and scope of Force Majeure and Frustration. This will include an overview of the legal definitions of Force Majeure and Frustration, their scope in relation to charterparties and the connection with the underlying commodity sales contract. We will discuss common examples of Force Majeure and Frustration that may arise in connection with chartering, such as natural disasters, war, strikes, etc. We will discuss how parties can protect themselves from the effects of Force Majeure and Frustration through contractual provisions such as force majeure clauses, frustration clauses, etc. The trainers will provide practical advice on how to deal with Force Majeure and Frustration events, including strategies for minimising losses or damages caused by these events. This will be linked with case studies and examples to illustrate how courts have interpreted the legal principles of Force Majeure and Frustration in connection with chartering and how this can be used to prevent disputes in advance of a potential Force Majeure event.