Institute of Chartered Shipbrokers
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Hong Kong Branch Webinar
Posted on Monday, April 12, 2021
The Hong Kong Branch of the Institute of Chartered Shipbrokers
and the London Maritime Arbitrators Association recently organised
a very interesting and immensely useful webinar title "- is there
more to a contract than meets the eye", on the 8th April 2021.
The webinar considered
when and in which ways terms may be implied into shipping contracts
and "The principles of implied terms under English law".
addressed the legal aspects of cases implying terms in shipping
contracts context which among others, included a discussion on the
Union Power and Res Cogitans. The implications of such decisions in
a broader sense for various maritime contracts and resulting
changes, if any, made to the existing standard forms.
The webinar also
sought to answer "do commercial practitioners need to know and
appreciate the obligations flowing from the implied terms" and thus
the parties may consider contracting in or out of such implied
terms to the extent that such exclusion can legally be made.
Some of the best legal
and commercial minds of the fascinating maritime industry
discussed, amongst others, following-
- Is there any significant difference between what we
might now call the "modern law" on implied terms and the
established test of "necessity"?
- Can we engage with an argument as to an implied
term without first engaging with arguments as to contractual
construction or interpretation?
- Is the practical understanding about Implied Terms
in commercial/chartering teams and, what are the cost impacts of
not having this understanding?
- Considering the practitioners agreeing to shipping
contracts without often having the Sale of Goods Act in front of
their mind, what can we learn from the Union Power and Res Cogitans
litigation, and how critical is that piece of learning?
- What would have prevented the terms of SOGA from
being implied into the Union Power case?
- Are the implied terms often pleaded by the parties
in practice? And, would you say that arbitrators tend to view
implied terms as a plea of desperation?
And many more!
If you missed the Webinar, you may like to benefit
from the recording of the webinar by clicking on the link
The Moderator & the
A brief introduction
Moderator: Jagmeet Makkar
A unique combination of academic prowess and
experience in commercial, technical, dispute resolution and senior
management roles defines Jagmeet's career.
With about 40 years of practical and diverse hands-on
knowledgebase, Jagmeet conducts learning and development sessions
for all levels of shipping professionals including
He is a maritime arbitrator with expertise in
charterparties, bills of lading, ship building & repair.
He is the Chairman of the Institute of Chartered
Shipbrokers, Hong Kong and that of the Maritime & Logistics
Committee of the Hong Kong Centre of International Commercial
Jagmeet was recently elected to the Committee of
WISTA Hong Kong.
Panellist: Clive Aston
Clive Aston studied law at Cambridge and was called
to the Bar in 1979. He then spent 9 years at a leading P&I
Club, including 5 years managing the FD&D class of cover and
Greek P& I syndicate.
In 1988 he started his own consultancy practice and
began accepting appointments as an arbitrator, becoming a full
member of the LMAA shortly afterwards. As an arbitrator he has
dealt with a wide range of shipping and shipping related disputes
in several thousand cases.
Clive was President of the LMAA from 2014-2017. He is
also a trained mediator and arbitrating member of the China
Maritime Arbitration Commission, Singapore Chamber of Maritime
Arbitration, Hong Kong International Arbitration Centre and
Shenzhen Court of International Arbitration.
Panellist: Elizabeth Sloane
Elizabeth is a lawyer qualified in Hong Kong, England
and Australia and is a partner of Stephenson Harwood in Hong
Kong. She is a Fellow of the Chartered Institute of
Arbitrators and a Fellow of the Malaysian Institute of
Elizabeth works across the maritime and international
trade sectors in the Asia Pacific region. She has substantial
experience in shipping (both wet and dry), trade, fraud, and
insolvency matters. Elizabeth is ranked as a Next Generation
Partner for Shipping by Legal500 Asia Pacific.
Panellist: Arthur Bowring MH
Arthur Bowring MH is an arbitrator and mediator, and
a technical consultant. Arthur has a broad shipping and
commercial background and was Managing Director of the Hong Kong
Shipowners Association for almost 20 years.
He is a Full Member of the LMAA, and President and
Full Member of the Hong Kong Maritime Arbitration Group.
Panellist: Punit Oza
Punit Oza is the Executive Director at Singapore
Chamber of Maritime Arbitration and has over 27 years of experience
in Dry Bulk Shipping, holding senior management positions in
Precious Shipping - Bangkok, Aries Shipbroking - Singapore, Astra
Shipping - Dubai, Noble Chartering - Hong Kong, and Klaveness in
He currently sits on the board of Klaveness Asia and
is the Vice-Chairman of Singapore Branch of Institute of Chartered
Shipbrokers. Punit holds a Masters in Shipping, Trade and
Finance from Cass Business School, London and an LLB and Post
Graduate Diploma in Maritime Law from University of London.
Panellist: Nevil Phillips
Nevil Phillips is a commercial barrister from
Quadrant Chambers in London. He is a familiar and popular choice,
both as counsel and as an arbitrator, well known globally and with
particular experience here in Asia - having appeared as counsel in
many arbitrations in Hong Kong and Singapore.
He is the author of one of the leading texts on the
Merchant Shipping Act in the UK, and a popular writer and speaker
on a variety of issues of commercial and shipping law, and in
Having appeared as counsel in some of the leading
shipping and commercial cases of recent years, he has been
described as "A top QC without the badge - a terrier and the ideal
add-on to any winning team." (Legal 500 Asia-Pacific)
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