Zug Commodity Association Wednesday, 2 May Shipping and Trading Law Seminar

Transcription

1 Zug Commodity Association Wednesday, 2 May HFW and ZCA come together once again to offer the shipping and trading community in Zug a seminar covering some of the most interesting and pressing issues in the shipping industry today. The first of four sessions will cover contracts of affreightment and repudiation. Then, we will discuss seaworthiness, when damages can be claimed and who can claim them. We next examine the obligation to load in a reasonable time and under what circumstances buyers will have the right to reject. We then look at questions surrounding dangerous goods and liability, responsibility and the specific case of the Giannis NK. The second presentation focuses on Container shipping. Delivery, liability, demurrage and a short case of containers going overboard will be examined and discussed. After a short coffee break, attendees will learn about issues in sale contracts involving risk, title, delivery, insurance and certificates final in the context of specific case studies. The seminar will conclude with a mock arbitration led by HFW to resolve a commodities sale contract dispute arising from a question concerning the Luxmar case, with audience participation. In association with

2 Program, Wednesday, 2 May Sarah Hunt, Partner, HFW / Michael Buisset, Partner, HFW Contracts of affreightment, seaworthiness, obligation to load in areasonable time, dangerous goods - Contracts of Affreightment: Charterers, STEADY TRADERS nominate late twice within the first year of a 4 year COA. Owners, MV BUSY LIFTING ELSE- WHERE refuse to perform the balance of the COA. What conduct amounts to repudiation under a CoA? - Seaworthiness: MV SEAWORTHY OWNERS miss their laycan under a CP due to apparent unseaworthiness. What are SEAWORTHY OWNERS obligations under the Asbatankvoy form? The same laycan is incorporated into an FOB contract; can damages can be claimed from FOB Buyers? - Dangerous Goods: The nature and scope of a shipper s liability for shipment of dangerous goods explained: common law obligation on a Shipper or Charterer versus Owners responsibilities Michael Buisset, Partner, HFW / William Hold, Senior Associate, HFW Container Shipping - When is a delivery not a delivery? - Containers overboard and bad stowage a short case study - Cargo deck liability: how the rules apply Networking coffee break William Hold and Kathryn Martin, Senior Associates, HFW Issues in sale contracts involving risk, title, delivery, insurance and certificates final - Risk, title, delivery and insurance: key issues - Certificates final: what happens when 2 inspectors dispute results - Retention of title issues to be aware of in different jurisdictions. - The Mercini Lady: is there an implied term that goods will remain in good condition after delivery under an FOB/CIF sale contract? S. Hunt, M. Buisset, W. Hold, K. Martin, HFW The Luxmar case: HFW will lead the audience in a mock arbitration to examine: sellers' obligations, demurrage & damages, exclusion clauses. Sellers obligations in respect of the delivery of cargo under an FOB contract with a laycan/lifting period Networking drinks with participants

3 Speakers Michael Buisset, Partner - michael.buisset@hfw.com Michael has extensive experience advising clients in international commercial transactions, subject to English, French and Swiss law or international conventions. Michael is the head of HFW's Geneva office and has worked in London, Singapore and Geneva. As a native French and German speaker, Michael practices in English, French and German. He is qualified as an English solicitor as well as a French Avocat. Michael specialises in international litigation and arbitration and commercial contracts, with a particular emphasis on commodities and shipping. His practice has taken him all over the world and he has acted on behalf of clients in arbitrations in numerous jurisdictions, including London, Geneva, Zurich, Paris, Dubai, Singapore and Hong Kong. Michael has run over 50 international arbitrations in the past 10 years under various rules (ICC, LCIA, Swiss Rules, LMAA, GAFTA, FOSFA, SIAC, SCMA, UNCITRAL and HKIAC) and subject to both civil and common law procedural and substantive laws. Michael's commercial commons sense and focused approach to assist his clients in achieving their commercial ambitions has been applauded by clients. As part of his commodities practice, Michael advises commodity traders, producers, financiers and insurers on all aspects of their business, including international sale of goods, commodity trading contracts for most soft and hard commodities, transportation and letters of credit issues. He has particular experience of disputes involving grain and fertiliser cargoes as well as oil, mineral ores and coal shipments. As part of his shipping practice, Michael advises shipowners, charterers and P&I Clubs on all aspects of dry shipping litigation and arbitration, including charterparties, bills of lading, ship sale and purchase, marine insurance (hull, cargo and P&I) and contracts of affreightment.

4 Sarah Hunt, Partner - sarah.hunt@hfw.com Sarah acts for a range of trading companies, charterers and owners in shipping and international trade law disputes, involving petroleum products, cement, coal, ethanol and soft commodities. Sarah lectures regularly in-house on shipping and international trade law topics including for the University of Geneva Commodity Trading Diploma, the Fribourg University Law School Masters and the Lugano and Zug Commodity Trading Association's CAS Professional. Sarah has worked closely with banks in multi-party chains where payments have been blocked due to overnight imposition of sanctions. She has clarified sanctions questions between parties where trade has been curtailed, with successful outcomes. She lectures on sanctions for legal professional groups, to the Universities of Fribourg and Geneva, and delivers in-house seminars to traders explaining how to manage their risk. She frequently deals with trading cases involving banking or physical fraud and is experienced at arresting assets and bank accounts as part of a solution using multijurisdictional tools including English, Swiss and foreign law remedies to bring criminal and civil claims against defaulting counterparties. William Hold, Senior Associate william.hold@hfw.com William is a Senior Associate in HFW's Geneva office. He regularly acts for trading companies in disputes involving a range of physical commodities, and has been involved in arbitrations governed by the Swiss Rules, as well as the rules of the ICC, the SIAC, the RSA and the DIS. William's practice also involves non-contentious commercial and trade finance work. He often advises on commodity finance matters, as well as in other finance matters. Prior to joining HFW, he practiced as an avocat in Geneva and spent several years in Singapore practising as a foreign lawyer in the shipping and trade department of a leading local firm. William is qualified in Switzerland and England and Wales. Kathryn Martin, Senior Associate kathryn.martin@hfw.com Kathryn works in HFW's Geneva office specialising in dry shipping and international trade disputes covering a range of cargoes but with a particular focus on oil and gas products. Kathryn is experienced in dispute resolution in accordance with London arbitration procedure and claims in the High Court of England and Wales. She acts for a range of traders, shipowners, charterers and P&I Clubs.

5 Venue Hochschule Luzern Wirtschaft, Institut für Finanzdienstleistungen Zug, IFZ Room Helsinki, Grafenauweg 10, 6302 Zug Date & Time Wednesday, 2 May Seminar followed by networking drinks Registration Deadline Friday, 27 April 2018 Admission fee per person Participants from ZCA member firms CHF 300.-, every further person CHF Non-members CHF 400.-, every further person from the same company CHF Registration Please register on our Website or by sending the form by by Friday, 27 April I will attend on Wednesday, 2 May 2018 Name/Surname Company Street, No. Postal Code/City Phone Once the deadline for applications has expired, the ZCA will decide whether or not it will be confirmed. In the event of too few applications, the ZCA can postpone or even cancel the course. Should this occur, applicants will be informed shortly after the deadline for applications has expired. The fee becomes payable once it has been confirmed that the course is running. The fees remain payable in their entirety in the event of withdrawal following confirmation that the course is running. Zug Commodity Association / Grafenauweg 10, PO Box 7344 / CH-6302 Zug T: / F: / E: info@zugcommodity.ch