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Legal Aspects of the Ship Sale and Purchase
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The Sale and Purchase of Ships present various legal and practical challenges. This seminar covers the intricate mechanisms and processes involved in the sale and purchase of vessels, offering participants a comprehensive understanding of the legal aspects through practical examples and case studies
SPECIFIC AREAS COVERED
- Evolution of SALEFORM: From 1987 to 2012 and a comparative analysis with SHIPSALE 22
- Introduction to the latest form by BIMCO, SHIPSALE 22
- Legal definition and implications of the Memorandum of Agreement (MOA)
- Physical condition of the vessel; sale by description, inspections regime
- Determining the sale price: Evaluating market value, spares, exclusions, bunkers, taxes, fees, and expenses
- Sellers’ obligation to deliver the vessel free from encumbrances.
- Examination of the choices of governing law and arbitration
- Overview and analysis of dispute resolution options, along with their respective pros and cons.
- Addressing scenarios of non-performance: Force Majeure, total loss, buyer’s, and seller’s breaches.
- Understanding the significance of the Entire Agreement clause
- Payment considerations: Including lodging the Deposit, Payment of the Purchase Price, Payment for bunkers, greases, and oils.
- Pre-delivery timetable; Initial vessel inspection, Buyers’ on-board representatives, Notices, vessel location and NOR, Diver’s Inspection / Drydocking, Process for measuring bunkers and identifying inventory.
- Delivery process: Including the Financial closing meeting and documentary requirements.
- Post-delivery considerations; Change of name / funnel markings, Post-delivery documentary obligations, Seller’s warranties, Latent defects
- Real-life case studies exemplifying legal principles in action.
- Interactive Q&A session.
SEMINAR OBJECTIVES
- Explore the legal framework governing ship sale and purchase.
- Examine key mechanisms and processes involved in the sale and purchase of vessels.
- Examine the related contracts and clauses; MOA – legally defined.
- Get an update on the BIMCO’s new form SHIPSALE 22
- Understand the rights and obligations of buyers and sellers.
- Analyze common challenges and dispute resolution options.
- Provide practical insights and strategies for successful transactions.
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Apply for the Seminar here
- Shipping company personnel and ship managers seeking to deepen their understanding of the legal complexities involved in ship sale and purchase.
- Shipbrokers and marine surveyors aiming to enhance their knowledge of contractual arrangements and legal frameworks governing ship sale and purchase.
- Technical, commercial, and operations personnel who require a comprehensive overview of the legal aspects of ship sale and purchase contracts.
- Professionals in maritime insurance, law, finance, and government sectors are interested in gaining insights into the legal intricacies of ship transactions.
Tutors
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Georgia Botsiou
Legal Director and Insurance Manager, Shipping CompanyWith a career spanning over two decades in the maritime industry, Georgia Botsiou has established herself as a distinguished expert in maritime law, insurance management, and claims handling.
Throughout her tenure in shipping companies in the period 1998 to 2011, Ms. Botsiou managed a broad spectrum of legal and insurance-related tasks. Her responsibilities encompassed the oversight of documentation for Loan Agreements, Charters, Fleet Insurances, and P&I Clubs. Since 2011, Ms Botsiou has been the Legal Director and Insurance Manager in a group of shipping companies, managing a fleet of bulk carriers and chemical tankers. She has been responsible for all legal-related aspects of the group, successfully handling a wide range of claims, disputes, arbitrations, and litigations, extending to ship financing, new building contracts, ship registration, and insurance, among other areas.
She holds a B.Sc in Italian Language and Literature from Aristotetle University of Thessaloniki. Her pursuit of specialized knowledge led her to the University of Florence for postgraduate studies in Sociolinguistics. She further advanced her expertise at London Metropolitan University, earning a Master in Shipping Business, a Postgraduate Diploma in Maritime Law, and an LLM in Maritime Law. Completing her formal education, Ms Botsiou followed a Legal Practice Course with LLM in International Business from the University of Law, London, enriching her in Corporate Law, International Contracts, and Commercial Dispute Resolution. She teaches Maritime Law and Insurance at HMC/ICS Greek Branch.