Customised inhouse training
19 November 2021Empower your shipping practitioners to overcome today’s maritime commercial and legal challenges, with BIMCO training that’s made just for you.
Showing 21 - 30 of 195
Empower your shipping practitioners to overcome today’s maritime commercial and legal challenges, with BIMCO training that’s made just for you.
Jean-Paul is a former shipbroker, laytime, and operations expert who manages laytime and demurrage cases globally. Through Demurrage Desk, he designs tailored contracts and clauses to optimise and mitigate laytime risk. In addition, he provides personalised consultancy services to stakeholders, such as ports, law firms, P&I clubs, technology companies, and start-ups, focusing on process analysis and optimization. His work includes designing workflow and process strategies, identifying and mitigating operational risks, facilitating organisational changes, and building resilience in response to the fast-changing maritime industry. Jean-Paul’s expertise mainly focuses on dry shipping, including charter parties (voyage, time, demise), laytime & demurrage, and speed & performance claims. He holds certificates in Ship Chartering, Ship Finance, Maritime Disputes & Arbitration, and Laytime & Demurrage. As a CIArb accredited mediator and supporting member of the London Maritime Arbitrators Association, he advises and assists in the commercial resolution of laytime and demurrage disputes. He also lectures laytime & demurrage and ship operations at various organisations, universities, institutes, and forums.
The Anti-Corruption Clause for Charter Parties 2015 provides market users with a regime for responding to unlawful demands for gifts in cash or kind, such as cigarettes or alcohol. It is designed for use in both voyage and time charters and sets out a series of steps with the contracting parties working together to resist such demands but if this fails, owners’ rights to hire or uninterrupted laytime and demurrage are protected. Termination, by either party, is the ultimate sanction but a high threshold has been set so that it cannot be easily used as an exit from an inconvenient charter. This clause was published on 7 December 2015.
Arrest clauses in charter parties are frequently one-sided with charterers having the right to terminate the charter party if the ship is not released within two or three days of an arrest. To provide a fairer allocation of risk and responsibility in the event of ship arrest BIMCO has developed two new standard clauses for time and voyage charter parties. Risk allocation is based on the “sphere of responsibilities” approach taken by the Court of Appeal of England and Wales in the "Global Santosh" judgment . Under this approach, a distinction is drawn between issues such as the management of the ship and its crew, which fall within the owners’ sphere of responsibility, and employment for use of the ship which falls within the charterers’ sphere of responsibility. This clause was published on 14 June 2019.
The latest edition of this clause is the ISPS/MTSA Clause for Voyage Charter Parties 2005