powerlogistics asia 2014 - latest developments on project logistics related contracts – thomas...
Post on 13-Jul-2015
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Thomas Timlen
Asia Liaison Officer
Agenda: next 20+ minutes
• BIMCO Briefly
• BIMCO Contracts for:
• Heavy Lift & Project Cargos
• Related Developments
• The idea2 contract editor
• BIMCO Briefly
Coal miners
109 years later…
• International membership organization
• 2500 members in 123 countries
Diversity: Members
•Owners
•Port agents
•Brokers
• Insurers
•Lawyers
•Educational institutions
•PMSCs
Diversity: Owner Members
• Dry Bulk
• Tankers
• Containers
• Heavylift
• Offshore
• Tugs
• Barges
• Crewboats
Diversity: Staff
• Mariners
•Captains
•Chief Engineers
•Officers
• Maritime Lawyers
• Brokers
• Claims Handlers
BIMCO’s main activities
• Maintain relevant & updated shipping contracts
• Unite & Speak for the industry
▫ Internationally
▫ Regionally
▫ Locally
• Assist BIMCO members
▫ Provide members with information & guidance
▫ Monitor and inform on rules & regulations
Meeting industry needs
• Goals with BIMCO contracts;
• Trade Facilitation
• Harmonization
• Raising Contractual Standards
• Balanced Contracts
• Legally Sound Language
• Minimize Disputes
• Contracts to cover life of the ship
Contracts & Forms
• 100+ standard Contracts• 1909: BALTIME
• 2005: GASVOY 2005
• 2007: NEWBUILDCON
• 2011: LAYUPMAN
• 2012: GUARDCON
• 100+ standard clauses
• Used in 75% of global shipping transactions
75%
Intervention
courses
elearning
BIMCO Contracts for Heavy Lift Shipping
• PROJECTCON (2006)
• HEAVYCON 2007
• HEAVYLIFTVOY (2009)
• SUPPLYTIME 2005/1989
• BARGEHIRE 2008
• TOWCON 2008
• TOWHIRE 2008
• BARECON 2001
ST revision
Windtime
MLC concerns
• Definition of “seafarer” under MLC 2006
• Very broad definition
• Will vary between different flag states
• Ship owner overall responsibility for MLC compliance for “seafarers”
Photo
Why MLC 2006 Clauses?
• SHIPMAN, CREWMAN and SUPPLYTIME
• Personnel on board the vessel not directly employed by owners
• Owners’ potential MLC responsibility for such personnel
Why MLC 2006 Clauses?
• Practical problems for owners to comply with MLC in respect of charterers’ or managers’ personnel
• Need for delegation from owners to charterers/managers for certain MLC responsibilities
BIMCO’s MLC 2006 CLauses
• Clauses created specifically for SHIPMAN, CREWMAN and SUPPLYTIME
• Clauses published on 11 June 2013
• Allocate responsibility for MLC compliance in respect of personnel not employed by the owners
BIMCO MLC 2006 Clause for SUPPLYTIME
• Charterers’ Personnel clearly identified
• Charterers ensure compliance with certain requirements as per list from owners and as applicable to charterers’ personnel
• Charterers evidence of compliance to owners
• Charterers’ indemnity to owners
BIMCO MLC 2006 Clause for SUPPLYTIME
Charterers’ Personnel• any employees,• directors,• officers,• servants,• agents or invitees of each of the Charterers and theircontractors, sub-contractors of any tier,
• co-venturers and• customers (having a contractual relationship with theCharterers, always with respect to the job or project onwhich the Vessel is employed)
• and of each of their parent, affiliated, related andsubsidiary companies, who are on board the Vessel
BIMCO MLC 2006 Clause for SUPPLYTIME
Charterers ensure compliance with;1. Minimum age;
2. Medical certificate;
3. Training and qualifications;
4. Recruitment and placement;
5. Employment agreements;
6. Wages;
7. Hours of work and rest;
8. Entitlement to leave;
9. Repatriation;
10. Compensation for the Vessel’s loss or foundering;
11. Liability for sickness, injury and death;
12. Health and safety protection and accident prevention, to the extent that these are under the Charterers’ control.
BIMCO idea2
Using the MLC Clauses Part 2idea2
Thank youBIMCO Asia Representative OfficeLevel 30, Six Battery Road, Singapore 049909
Phone: +65 6321 9116
Fax: +65 6321 9117
Email: tt@bimco.org
www.bimco.org
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