Legal Issues in Bunkering: An Introduction to the Law Relating to Sale and Use of Marine Fuels

Cover
Dedication
Foreword
Preface
About the author
Acknowledgements
Contents
Table of Cases
List of Tables and Figures
	Figure 1. Distillate marine fuels
		Table courtesy of BSI (www.bsigroup.com)
	Figure 2. Residual marine fuels from ISO 8217 2010
		Table courtesy of BSI (www.bsigroup.com)
	Figure 3. Some contractual bunkering chains
	Figure 4. The complexity of contractual and tortious relationships in bunkering
		This chart was devised by and is reproduced with the permission ofAlex Macinnes, a solicitor in the London office of Norwegian law firm Wikborg Rein (www.wr.no)
Introduction
	The legal aspects of bunkering
	International business
	What are bunkers?
	Origin of the term
	Different types of bunker fuel
	Simple definition of bunkers
	When does oil become bunkers?
	Can oil stop being bunkers?
	Lubricants
	Some other definitions
	A little more about bunkers
	What goes into bunker fuel?
	Other fuel sources
PART I - DOING BUSINESS
	Chapter 1 - The basics of the law of contract
		Legal systems
		Contract
		Agreement
		Intention to create legal relations
		Consideration
		Summary
		Sequence
		Certainty
	Chapter 2 - Particular features of bunker contracts
		Incorporating Terms and Conditions
		Course of dealing
		Priority of provisions
		No Terms & Conditions
		The battle of the forms
	Chapter 3 - The short life of an unremarkable bunker stem
		Identifying the essential components of a contract
	Chapter 4 - What sellers include in their Terms and Conditions
		Definitions (1)
		Grades and quality (2)
		Quantities and measurements (3)
		Sampling (4)
		Delivery (5)
		Documentation (6)
			Requisition
			Bunker delivery note
			Short delivery complaint or protest
		Price (7)
		Payment (8)
			Credit
			Prohibition of set-off
			Timely payment and interest
			Interest rates
			Liens and other rights of the seller
		Claims (9)
			Quantity claims
			Quality claims
			The use of samples
			Delay or demurrage
			Indirect and consequential loss
			Limitation of liability
		Risk and title (10)
		Termination (11)
		Indemnity (12)
		Force majeure (13)
		Safety and the environment (14)
		Dispute resolution (15)
			Law and jurisdiction
			Alternative dispute resolution
			The BIMCO Standard Dispute Resolution Clause
			Catch-all jurisdiction provisions
		Conclusion
	Chapter 5 - The role of bunker brokers and other intermediaries
	Chapter 6 - Charterparty relationships
		Time charters
		Bunkering clauses
		BIMCO Fuel Sulphur Content Clause
		Bunker Quality Control Clause for Time Chartering
		Raising standards
		Dispute resolution
		Links in the chain
PART II - WHEN THINGS GO WRONG
	Chapter 7 - The unpaid seller
	Chapter 8 - Ship arrest
		History
		A simple arrest for a simple debt
		A complicated arrest for a simple debt
	Chapter 9 - The M/V Skyptron - an interesting US experience
	Chapter 10 - Retention of title clauses
	Chapter 11 - Quantity disputes
	Chapter 12 - Quality disputes
		Admissible evidence
		Mitigation
		Limitation of liability
		Technical issues
		Time limits
	Chapter 13 - Charterparty disputes
		Ownership of the bunkers
		Bunkers on delivery and redelivery
		Off-hire
		Deductions from hire
		Safe place of bunkering
		Quantity disputes
		Quality disputes
		Implied terms
	Chapter 14 - The problem of mismatch in Terms and Conditions
		Chain of contracts
		Time limits
		Sampling procedures
		Passing of risk and retaining title
		Applicable law, jurisdiction and arbitration provisions
		Adopting a sub-contractor’s terms
		Charterers
	Chapter 15 - Claims in tort
		Torts
		Pure tort claims
		Duty of care
		Where claims in tort can be useful
		Tort and contract
		The complexity of contractual and tortious relationships
		Torts involving conversion
		Collision and other similar incidents
	Chapter 16 - A brief review of some interesting cases
		The Silia
		The Span Terza
		The Saetta
		The Yuta Bondarovskaya
		The Fesco Angara
		Tramp Oil & Marine v Lomar Shipping 1991 (unreported)
		Other cases
Part III - Regulations and conventions
	Chapter 17 - Introduction and a note about the IMO
		Oil Pollution Act of 1990 (OPA 90)
		SS600
		The International Maritime Organization (IMO)
		The MARPOL Annex VI Revision
	Chapter 18 - The MARPOL Convention, Annex VI and enforcement
		MARPOL 73/78 - the Convention itself
		Annex VI to the MARPOL Convention
			Fuel oil quality
			Fuel oil availability
		Effectiveness of Annex VI
		The European Union Directives on sulphur
		Enforcement
		The Paris MoU on Port State Control
			Coverage
			Objective
			Inspections
			Stepped approach
			Action
		IMO guidelines for Port State Control under Annex VI
			Objective
			The Netherlands
			Suppliers
			Historical infringements
		The non-availability provision in Annex VI Regulation 18.2
	Chapter 19 - Oil pollution and limitation of liability
		Introduction
		Scope
		Oil tankers
		Civil Liability Convention
		The Fund Convention
		Limit of liability
		Bunkers on other ships
		Compulsory insurance
		Applicability
		The International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001
			The Bunkers Convention
			The existing regime
			A bunker specific regime
			Origins of the Bunkers Convention
			Commencement
			Review
			Protection for salvors and similar
		The HNS Convention - human and other harm and other pollution damage
			Implementation
			Scope
			Substances
			Regime
			Excess fund
			Insuring the shipowner’s liabilities
		Limitation of liability
		Contractual limitation
		Vessel limitation
		The 1976 Limitation Convention
		Financial limits
		Exceptions
APPENDICES
	Appendix 1 - Terms implied into contracts by the Sale of Goods Act 1979
		The Sale of Goods Act implied terms
		Excluding implied terms
		Title
		Description
		Quality and fitness for purpose
		Satisfactory quality
		Reasonable fitness for a particular purpose
		Other provisions in Section 14
		Quality and fitness summary
		Conditions and warranties
		Significance of the difference
		Buyer’s options
		Seller’s opportunity
		Implied terms in practice
	Appendix 2 - The Unfair Contract Terms Act
		Limitations to the scope of the UCTA
		Some examples of the effects of Sections 26 and 27 on bunker contracts
		What the provisions mean in practice
			Prohibited
			Subject to the requirement of reasonableness
			Schedule 2 - ‘Guidelines’ for application of the reasonableness test
	Appendix 3 - Examples of contract clauses excluding or modifying implied terms
		BIMCO
		BP
		Chevron Marine Products
		Cockett Marine Oil
		Words of caution
	Appendix 4 - Remoteness of damage
		Remoteness of damage in contract
		Application of the principle of remoteness to bunkers and bunkering
		Charterparties
	Appendix 5 - Arrest in England
		Maritime liens and statutory liens
		The arrest
		Caveats
	Appendix 6 - Arrest in the United States
	Appendix 7 - Bribery and corruption
		OECD Convention on Combating Bribery of Foreign Public Officials
		The Bribery Act 2010
			Background
			The four new offences
			The adequate procedures defence
			UK Government guidance
			International scope
			Penalties
		Compliance
		The future
		Anti-competitive practices
	Appendix 8 - The BIMCO Standard Bunker Contract
List of abbreviations
Index
Back Cover