The Baltic and International Maritime Council recently published the new indicative term sheet "Shiplease". This was drafted to provide the first set of standard terms and conditions for sale and leaseback transactions involving second-hand vessels. The term sheet is a timely and much-needed effort to standardise sale and leaseback transactions, providing a solid and well-balanced base for negotiation.
The Commercial Court recently provided guidance on the interpretation of consent provisions in a transport and processing agreement where such consent was not to be "unreasonably withheld". The issue of withholding consent arises regularly under long and short-term shipping charterparties. A key takeaway from this judgment is that to establish whether consent may be withheld, the parties' bargain as a whole must be considered and not the consent provision in isolation.
The Baltic and International Maritime Council recently released Barecon 2017, which represents an important update of one of the most commonly used maritime contracts. While several new features have been included, the basic structure of the form remains the same. However, several of the simplifications, clarifications and other updates should make the form easier to use in conjunction with rider clauses crafted for a specific transaction.
The Baltic and International Maritime Council recently launched a revised version of its standard time charter party for offshore support vessels – the Supplytime. Considering the form's broad application in practice, the 2017 edition's amendments and new features are likely to have a significant impact on issues facing owners and charterers.
It has been a brutal few years in the shipping and offshore markets with overcapacity, declining demand and the dramatic fall in oil prices all contributing to historically low charter rates and plummeting asset values. While in recent years owners have been battening down the hatches in a bid to survive, consideration is now being given as to how and when to act in order to seize the opportunities that may present themselves during recovery.
The new 'SUPERMAN' agreement published by the Baltic and International Maritime Council (BIMCO) governs the contractual relationship between third-party ship managers and shipowners for the provision of technical supervisory services during construction, repair and conversion projects. The agreement completes BIMCO's suite of 'cradle-to-grave' pro forma shipping agreements available to shipping professionals.
Whether the 1993 Norwegian sale form excludes terms as to satisfactory quality and fitness for purpose, which are implied in contracts of sale by the Sale of Goods Act, has always been the subject of speculation. A recent decision has put this debate to rest, holding that such terms are to be implied unless expressly excluded. This ruling has implications for the terms agreed for the sale and purchase of second-hand vessels.