SYNOPSIS
The stubbornly depressed shipping market in recent years has led to an increase in disputes between shipowners and charterers. The recovery of sums owing to a shipowner under a charterparty is not always straightforward, especially when the shipowner is faced with an insolvent charterer. This seminar seeks to explore the current state of the law in relation to charterparties and will focus on the options available to shipowners in the event there is non-payment, including the exercise of a lien over sub-hire / sub-freight and the cargo.
The seminar will also touch on the recent decision of the Singapore Court of Appeal in Diablo Fortune v Duncan Lindsay and another [2018] SGCA 26, the practical difficulties which arose from the decision as well as the subsequent changes which were made to section 131 of the Companies Act by Parliament creating a statutory exemption for shipowners' liens created under shipping contracts, such that these need not be registered.
This seminar is for every practitioner whose work touches on shipping disputes
ABOUT THE SPEAKERS
KELLY YAP
Kelly Yap is Head of Litigation at Oon & Bazul. He also leads the Shipping Practice and the Chinese Practice.
Kelly handles the full suite of commercial disputes, with a particular focus on international trade and shipping matters.
His expertise covers charterparty disputes, crew claims, cargo claims, marine casualties involving collisions, groundings, fires, loss of life and salvage, bunker disputes, marine insurance, international trade, letters of credit disputes, freight forwarding disputes and ship chandler claims. He regularly acts for traders in all manner of disputes involving quality, shortage and cargo damage claims. Kelly also frequently deals with ship arrests, whether for the arresting party or for the owner of the arrested ship.
Kelly is hailed by Chambers Asia Pacific as “a tenacious lawyer who takes a very thorough approach and is excellent on detail” and as being “aggressive for his clients and will make his point”. Legal 500 Asia Pacific commended him for providing "very practical advice ". He is also recommended as a top tier Shipping Lawyer by Chambers Global and Asia Pacific, a Leading Lawyer for his work in Dispute Resolution & Litigation by Asialaw Leading Lawyers, and as a Future Star for his work in Commercial & Transactions and Shipping by Benchmark Litigation Asia Pacific.
PRAKAASH SILVAM
Prakaash is a Partner in the Litigation & Dispute Resolution Practice.
Prakaash has particular experience in disputes relating to shipping, oil and gas, marine insurance, commodities and finance. He regularly acts for parties in disputes rising under shipbuilding contracts, MOAs, charterparties, contracts of affreightment as well as the physical trading of commodities. He represents banks and financiers in multi-jurisdictional enforcements and also frequently acts for marine insurers (P&I, H&M and cargo) and for insurance claimants.
The international nature of Prakaash’s practice often necessitates taking account of legal issues and the court procedures of more than one jurisdiction. He has acted in matters before the Singapore Court and in ad hoc, LCIA, SIAC, GAFTA and LMAA arbitrations.
FEES
a. Seminar fee
Seminar fee of S$150* (inclusive of GST) applies.
b. Group discount fee
Group discount fee of S$135* (inclusive of GST) applies if there are at least 10 participants from the same organisation.
c. SMU Alumni fee (for LLB / JD / LLM graduates)
Seminar fee of S$135* (inclusive of GST) applies for SMU LLB / JD / LLM Alumni.
*Please note that there will be no refund of any fees should the participant cancel the registration/ fail to attend the seminar. However, registration is transferable. Notice of any change in participant should be sent to the Academy via email: smulawacademy@smu.edu.sg, by 15 November 2019.
SMU School of Law reserves the right to cancel or postpone any event. In such case, we will arrange for the refund of seminar fees paid.
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Registration closes on 15 November 2019, subject to availability of seats.
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DATE
29 November 2019 (Friday)
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TIME
2:30 PM - 4:45 PM
(Registration starts at 2:15 PM)
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VENUE
Level 2, Seminar Room 2.02
Singapore Management University
School of Law
55 Armenian Street
Singapore 179943
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PUBLIC CPD POINTS
2 points (provided SILE's CPD Attendance Policy is complied with)
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PRACTICE AREA
Admiralty Practice / Shipping
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TRAINING LEVEL
Intermediate
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LOCATION MAP
Click HERE for map
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PROGRAMME
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| 2:15 PM |
Registration |
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| 2:30 PM |
Seminar (Part 1) commence |
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| 3:30 PM |
Tea Break |
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| 3:45 PM |
Seminar (Part 2) commence |
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| 4:45 PM |
End of Event |
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