Shipbuilding Contracts Round Table, 23/09/2011, hall 7

Topics for discussion

1. Payment, Payment Guarantees, refund guarantees, and bank finance:

· When are they required?

· How to draft them

· Enforcement

· The relationship between the shipbuilding contract and bank finance

· The effect of exchange control

2. Delay and force major

· Compensation to the Buyer for delay

· Changes to the contractual delivery date

· Cancellation for delay

· Force major clauses.

3. Design, supervision of the building process, and changes to the specification and design

· The role of the Classification society

· The effect of IACS Common Structural Rules (CSR)

· The role of the Buyer's representative

· How changes and adjustments to the contract price are accommodated.

4. Subcontracting

· Who controls the use of subcontractors?

· The Buyer's rights against subcontractors.

5. Sea Trials and delivery procedure

· Contractual procedures for sea trials and delivery

· Who decides whether the vessel is in a deliverable state?

· How to deal with disputes over the delivery of the vessel

· Transfer of title and the effect of local proprietary rules

6. Termination on the default of the Buyer:

· Circumstances in which the Builder wants or needs to terminate

· The Builders' and the Buyers' rights on termination

· What happens when the right to terminate is disputed?

7. The use of legal rights in support of price renegotiation

· The most common legal points which are used

· How to draft and perform contracts to minimize the risk of renegotiation

· Commercial and legal implications.

8. Insurance of New buildings

· What are the risks which need to be insured

· Who bears the responsibility for insuring

· Standard new building insurance wordings.

9. Sale of New building contracts

· Legal structures: sale of shares/transfer of contract/sale by MOA

· Effect on the Builder

· Implications for financial guarantees and warranties

· Practical implications for supervision , modifications and insurance arrangements.

10. Resolving disputes

· Technical disputes – resolution by Class or by an expert

· Court or arbitration?

· Common forms of arbitration provision

· Disputes under payment or refund guarantees.

HOLMAN FENWICK WILLAN

ALL EXHIBITORS ARE INVITEDto participate in all Sessions of the Programme as Delegates without additional costs.ALL EXHIBITORS ARE INVITEDto propose Papers and Speakers to the Programme.

NON EXHIBITORSwishing to submit Papers are invited to contact Dolphin Exhibitions with email address