A Practical Guide to International Trade & Shipping

24-25 Jul, 2023, Pullman Kuala Lumpur Bangsar

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Philip Teoh has been in legal practice in Singapore and Malaysia for over 33 years.

 

He is the Partner heading the Shipping, International Trade, Insurance, Oil & Gas and Arbitration Practice in the Malaysian law firm Azmi & Associates. He is also a Practising Arbitrator with AIAC, LMAA, SCMA, EMAC, ICC, LCIA, KCAB, AABD Brunei. He is the author of key Practitioner Texts used by the Industry and has argued key cases in this area.

 

Some comments from Chambers in its 2019 :

 

‘Philip is a very senior lawyer with a long-standing presence in the market and a deep knowledge of maritime law. He has an impressive track record on shipping disputes, including arbitrations, and has notable experience advising on non-contentious mandates.’

 

Legal 500 2022:

 

‘Philip Teoh is an exceptional admiralty and shipping lawyer. To me, he is the leading authority in this area and a highly likeable personality as well.’

 

Legal 500 2023:

 

‘Philip Teoh has a wealth of experience in maritime matters which means he can cut to the real issues at play.’

Venue Details

Pullman Kuala Lumpur Bangsar
No 1 Jalan Pantai Jaya, Tower 3, 59200 KUALA LUMPUR,
Phone : 0 3-2298 1888
Fax : 0 3-2298 1999

https://all.accor.com/hotel/7962 /index.en.shtml

Contact us

Juliany,
03 2283 6109
juliany@ipa.com.my

Phoebe,
03 2283 6100
phoebe@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Jane,
03 2283 6101
Jane@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my

FOCUSING ON
  • Introduction - Fundamentals of International
    Trade & Shipping
  • The Pandemic and Disruptions
  • Role of Parties in Shipping
  • International Shipping Conventions
  • Ship Chartering
  • Trade Finance
  • Common Issues
  • Marine Insurance
  • Marine Cargo Insurance
  • Role of Surveyors
  • Making an Insurance Claim
  • Sale Contracts
  • Making Claims under Sale Contracts
  • Shipping Contracts
  • Issues in Freight Forwarding
  • Trade Financing
  • Trade and Maritime Fraud
  • Carriage of Goods by Sea
  • Carriers as Bailee
  • Detention of Cargo
  • Making a Shipping Claim
  • Types of Cargo and Issues arising
  • Containers
  • Bulk Cargo Issues
  • Dangerous Goods Cargo
  • Outsize Cargo
  • Making a Shipping Claim
  • Case Studies
  • Maritime Arbitration
  • Admiralty Jurisdiction and Admiralty Practice
OBJECTIVES

Shipping and International Trade is an industry fraught with risks. A proper understanding of the processes, laws and trade will assist smooth transactions and avoid costly mistakes. Proper use of insurance, proper contracts and choice of carriers are crucial.
Post 2020, the disruptions caused by the Pandemic, Shipping crises and the Ukraine War has created major disruptions which cause traders and the industry to adapt.

This course taught by an established Practitioner and Arbitrator will cover the intricacies of the law and touch on essential principles, and practices of the Industry.

Taught in a practical manner, this course is suitable to the legal practitioner who is already practicing in the area or the novice lawyer who wishes to embark in this specialist area. The course is also suitable for Industry practitioners in the Shipping, Logistics, Insurance Industries or anyone engaged in International Trade.

WHO SHOULD ATTEND
Ship Owning and/or Operating Companies • Shipping Agencies / Freight Forwarding • Banks and Ship Financing Institutions • Regulatory Bodies • Chartering and Brokering Companies • Legal Practitioners • Any other organizations having or intending •
METHODOLOGY
Interactive Lectures, Case Laws, Case Examples, Practical Tips & Discussion on all relevant areas to ensure participants grasp clearly issues presented.
Day 1
9:00

INTRODUCTION - FUNDAMENTALS OF INTERNATIONAL TRADE & SHIPPING

  • What traders need to know
  • Misconceptions


 

THE PANDEMIC AND DISRUPTIONS

  • The Covid 19 Pandemic and Disruptions
  • Trade War
  • Ukraine War
  • Shipping Crises – Ever Given in the Suez Canal
  • Escalating Freight Charges
  • Effects on Trade and Shipping

 

10.45

ROLE OF PARTIES IN SHIPPING

  • Carriers and their agents
  • NVOCCs
  • Freight Forwarders v Forwarding Agents

 

 

INTERNATIONAL SHIPPING CONVENTIONS

IMO and Regulations, SOLAS, Malaysian Merchant Shipping Ordinance

 

12.00

SHIP CHARTERING

  • Chartering of Vessels - Procedure
    - Bareboat & Demise Charters
    - Time Charter
    - Voyage Charter
  • Freight and Liens
  • Detention and Demurrage

 

 

TRADE FINANCE

  • Documentary Letters Of Credit
  • Principles of lcs – Autonomy of lc, Presentation Issues

 

 

COMMON ISSUES

  • Freight Collection
  • Dangerous Cargo and the IMDG Code
  • Trade and Shipping Fraud
  • Misconceptions and Fallacies
  • Managing Risks and Claims
  • Handling and Defending Claims

 

1:00 Lunch
2:00

MARINE INSURANCE

  • Marine Cargo Insurance
  • Marine Hull Insurance
  • P & I

 

 

MARINE CARGO INSURANCE

  • Policy Conditions
  • Marine Open Cover Policies
  • ICC A - All Risks Cover
  • ICC B & - Restricted Cover 

 

3.45

ROLE OF SURVEYORS

  • Notification to Insurer and appointment of Surveyors
  • Duty of Assured – Why must I still claim against Carriers

 

 

MAKING AN INSURANCE CLAIM

  • Local v Foreign Insurers – Advantages and Disadvantages
  • Claim Bill and Supporting documents

 

5:00 End of Day 1
Day 2
9:00

SALE CONTRACTS

  • What must an International Sale Contract contain
  • How Contracts are made, reference to standard trading clauses
  • Fundamental Clauses
  • Use of INCOTERMS
  • Risk and Title in Goods


 

MAKING CLAIMS UNDER SALE CONTRACTS

  • Quality Claims
  • Shortage Claims
  • Documents to support claim

 

10.45

SHIPPING CONTRACTS

  • Bills of lading and Contracts of Affreightment
  • Role of Bills of Lading
  • House and Master Bills of Lading
  • Contracts of Affreightment
  • Application of Charterparty Terms

 

 

ISSUES IN FREIGHT FORWARDING

  • Forwarders v Forwarding Agents
  • Customs issues
  • Forwarders and Carriers

 

12.00

TRADE FINANCING

  • Documentary letters of credit
  • Autonomy of Letter of Credit and Fraudulent Presentation

 

 

TRADE AND MARITIME FRAUD

  • Red Flags
  • How to guard against Fraud

 

 

CARRIAGE OF GOODS BY SEA

  • Malaysian Carriage of Goods by Sea Act
  • Hague Visby Rules
  • Hamburg Rules
  • Duties of Carriers
  • Time Bar

 

1:00 Lunch
2:00

CARRIERS AS BAILEE 

  • What is bailment
  • Duties of bailee

 

 

DETENTION OF CARGO 

  • What is a lien
  • Lien for Freight
  • Contract and Common law Liens 

 

 

MAKING A SHIPPING CLAIM 

  • Time Bars
  • Documents to support claim
  • Drafting a Letter of Claim

 

 

TYPES OF CARGO AND ISSUES ARISING 

 

CONTAINERS   

  • Containerised Cargo – FCL and LCL cargoes
  • Duties of Shipper on receipt of Container
    - Examination of empty container and rejecting defective container
    - Reefer containers
  • Stuffing and Loading Containers
    - Stowage
    - Choking , Lashing & Stability issues
    - Effects of bad stowage on insurance claim
  • Duties of receiver
    - Receipt into Warehouse
    - Role of Lorry Delivery Orders
    - Acknowledgement of Delivery Orders and effects 

 

 

BULK CARGO ISSUES

  • Sales Contract tolerance of 5 % or other
  • Liquid and Dry Bulk
  • Methods of measuring bulk – Draught, Ullage
  • Taking of Samples
  • Contamination claims
  • Safety issues – Cargo liquefaction 

 

 

DANGEROUS GOODS CARGO

  • IMDG Code
  • 9 Classes of DG Cargo
  • MSDS Data
     

 

 

OUTSIZE CARGO

  • Deck Cargo
  • Barge Carriage
  • Outturn surveys
  • Lashing and Towage Survey

 

3:45

MAKING A SHIPPING CLAIM   

  • Necessity to minimize loss
  • Salvage of damaged cargo
  • Repair quotations and claims 

 

 

CASE STUDIES    

  • Shipping claims for different cargo types
  • Preserving evidence
  • Witnesses to prove claim
  • Witness strategies 

 

 

MARITIME ARBITRATION  

  • What is Arbitration
  • Arbitration Clauses
  • Advantages
  • Role of Arbitrator
  • Enforcing Arbitration Awards
  • Judicial attitudes

 

 

ADMIRALTY JURISDICTION AND ADMIRALTY PRACTICE 

  • Admiralty Jurisdiction under Common law : US v English based common law
  • Exercising In Rem Jurisdiction
  • Ship Arrests v Injunctions

 

5:00 End of Course