Published: July 2013
The shipping industry is a vast and complicated business. Due to the many types of ships, and the charter parties by which they are contracted, the training of boarding agents or water clerks can be a long and complex process. This book aims to make the process easier. It will also provide ship owners and charterers with an understanding of the function of the ship agent.
Content
Chapter 1 Tramp Ship Agency and the International Shipping Industry
1.1 Definition of ‘Agency’
1.2 The Shipping Industry as a Service
1.3 The Liner Business of Shipping
1.4 The Tramp Ship Owner
Chapter 2 Tramp Shipping
2.1 Tramp Ship Owners and Operators
2.2 Dry Bulk Carriers
2.3 Liquid Bulk Carriers
2.4 Tramp Vessel Operations and Management
2.5 The Commercial Operating of Ships
2.6 Types of Employment for Tramp Vessels
2.7 The Freight Market
Chapter 3 Shipbroking
3.1 Types of Shipbrokers
3.2 The Freight Market
Chapter 4 Tramp Ship Agency Practice
4.1 Port Agency Companies
4.2 Tramp Agency Operation
4.3 Pre-arrival
4.4 The Port Call
4.5 After Sailing Service
4.6 Functions of Agency Staff Members
Chapter 5 Defining Tramp Agency and the Scope of Services Provided
5.1 General Agent
5.2 Special Agent
5.3 The Right to Select the Port Agent
5.4 Charterer’s Nominated Agents
5.5 Hub Agent
5.6 Other Outsource Agency Services
Chapter 6 The Law of Agency
6.1 The Relationship of Agency
6.2 The Creation of Agency
6.3 Agency by Necessity
6.4 Ratification by Principals
6.5 Termination of the Agency Relationship
Chapter 7 The Ship’s Agent, Principals and Third Parties
7.1 The Disclosed Principal
7.2 The Partly-Disclosed Principal
7.3 The Undisclosed Principal
7.4 Third Party Rights Against Agent and Principal in the United Kingdom
7.5 Third Party Rights Against Agent and Principal in the United States
7.6 The Weakness of the ‘As Agent’ Signature
7.7 Creation of a Maritime Lien in the United States
7.8 Ship Agent’s Right to a Lien
Chapter 8 Duties and Liabilities of the Agent to the Principal
8.1 Duty to Act within the Scope of Authority
8.2 The Agent’s Duty of Confidentiality and Loyalty
8.3 Duty and Liability to Contract on the Principal’s Behalf
8.4 The Importance of Contract Signature
8.5 The Duty to Account for Funds Advanced by the Principal
8.6 The Duty to Exercise Care, Skill and Diligence
8.7 Duty of the Agent to Perform all Duties Personally
8.8 Duty to Keep the Principal Informed
8.9 Notification of Principal Through the Agent
Chapter 9 Principal’s Duties and Liability to the Agent
9.1 The Principal’s Duty to Provide an Opportunity for Work
9.2 The Principal’s Duty of Good Conduct
9.3 The Principal’s Duty to Pay Compensation
9.4 Remedies of an Agent
Chapter 10 Indemnity Insurance for Agents
10.1 Protection Coverage for Ship Agents
10.2 When Agents are most Vulnerable to Claims
Chapter 11 Duties under a Time Charter or as a Voyage Charterer’s
Nominated Agent
11.1 Voyage Charterer’s Nominated Agent
11.2 Ship Agent’s Duty Under Time Charter
11.3 Disbursements Under Time Charter
11.4 Attendance of Delivery and Redelivery
Chapter 12 How to Select a Tramp Ship Agent
12.1 The Agent is a Reflection of the Party who Nominates or Appoints
12.2 Financial Strength
12.3 The Reporting of Voyage Accounting
12.4 Communication and Cargo Documentation
12.5 Company and Agency Staff Experience
12.6 Worldwide Ship Agency Networks
Chapter 13 Maintenance of the Agent/Principal Relationship
13.1 The Personal Relationship and Corporate Relationship
13.2 The Trade Relationship
Chapter 14 Charterer’s Liability for Actions of a Nominated Agent
14.1 The Charter Party Agency Clause
14.2 The Incentive for a Voyage Charterer to Nominate the Port Agent
14.3 The Charterer must Make a Reasonable Appointment
14.4 Liability for the Insolvency of the Agent
14.5 Charterer’s Liability Through the Implied Agency Doctrine
14.6 Charterer’s Liability in Cases Where the Nominated Agent is Acting
for a Limited Purpose
14.7 The Ship Owner’s Ratification of the Charterer’s Agency Nomination
Chapter 15 Managing a Tramp Ship Agency
15.1 Tramp Agency Fees
15.2 Service Fees
15.3 Accounting
15.4 Communications
15.5 Staffing
Chapter 16 Tramp Ship Agency Marketing
16.1 Selling to an Owner
16.2 Selling to a Charterer
16.3 Planning a Sales Call
Chapter 17 The Tramp Ship Agency Career
Chapter 18 Authors’ Thoughts
Bibliography
Abbreviations
Basics of Ship Charters
Frequently used Shipping Terms
Index
