SEMINAR ON DISPUTES INVOLVING CHARTERPARTY IN BANGLADESHadmin2019
The sustainable development goals have pushed the International Maritime Organization to take measures to reduce pollution caused by ships. The idea behind this plan is to urge the ship-owners to improve carbon intensity by at least 40% by 2023 and cut the emissions by half by 2050. In July 2023, IMO Member States adopted the 2023 IMO Strategy on Reduction of GHG Emissions from Ships, with enhanced targets to tackle harmful emissions. The revised IMO GHG Strategy, adopted by the Marine Environment Protection Committee (MEPC 80) includes an enhanced common ambition to reach net-zero GHG emissions from international shipping close to 2050, a commitment to ensure uptake of alternative zero and near-zero GHG fuels by 2030, as well as indicative check-points for international shipping to reach net-zero GHG emissions for 2030 (by at least 20%, striving for 30%) and 2040 (by at least 70%, striving for 80%).
The Bangladesh Flag Vessels (Protection of Interest) Act 2019 was enacted repealing the 1982 ordinance. The Act, however, subject to some exceptions, allowed at least fifty percent of the sea-borne cargoes relating to foreign trade of Bangladesh to be carried by Bangladesh flag vessels. Similar schemes have been applied by other states to promote national carriers. The Convention on a Code of Conduct for Liner Conference, 1974 allows the promotion of local flag vessels by allowing them to take part in trade and have better shares compared to third-country flag carriers. However, the same must be based on fairness to other flag carriers and after considering the impact on trade and commerce.
Most maritime and admiralty-related claims and proceedings are brought before the Admiralty court. Due to several factors like weather conditions, conditions at the port, navigation error, pilotage, etc. collision does occur and such cases are not very uncommon in Admiralty court. Similarly, ownership disputes for local seagoing and non-sea going vessels are required to be brought before this court and the same are a regular item of this court. Foreign and local bunker suppliers, crews, and mortgagee banks often invoke this jurisdiction to recover their dues by arresting the vessels lying in Bangladesh territory. Involvement of International P&I Clubs and local and foreign Banks is a common affair as they provide undertakings etc or bank guarantees respectively. Claims arising from the carriage of goods, shortfall of cargo, cargo damage, dead freight, failure to pay freight and hire, etc. are nowadays common items as litigants are now more concerned with their rights. Action in rem for charter party claims for sub-freight on cargo lien can also be brought in limited cases depending on the arbitration clause.
Due to the complexity of the transactions, prior experience is essential to deal with claims involving shipping in particular chartering e.g., claim for hire, B/L claim for freight, demurrage and detention claim, etc. Charter-party hire-related disputes are mostly resolved through arbitration as per contractual terms. In exceptional cases, charter-party hire-related disputes may be enforced as action in rem by filing an admiralty suit in the Bangladesh territory as a means of recovery of claim which allows the arrest of the ship in question.
We will discuss and analyze the current legal issues. Participants are required to join physically. Please note we have limited space for physical participation. The Seminar will take place on 25th September 2023 (Monday) from 3.30 pm to 5.00 pm at Rahman’s Chambers, Chattogram Branch, Conference Room, 7th Floor, Al Madina Tower, 88/89, Agrabad C/A, Chattogram-4100.
Join the event to enhance your knowledge and make yourself aware of the current legal issues.
Mr. Mohammed Forrukh Rahman
Head of Chambers, Rahman’s Chambers
Divisional Head, Dispute Resolution, Shipping & International
Barrister-at-Law, LL.M.(International Dispute Resolution) (London)
PGDipLaw(Maritime), PGCertLaw(Commercial & Corporate), FHKIArb, MSIArb
Member, ICC Commission on Arbitration & ADR, Paris
Panel Arbitrator, SCIA & SARCO, Member, NYSBA, SCMA
CEDR Accredited Mediator, Advocate, Supreme Court of Bangladesh
Advocate, Supreme Court of Bangladesh.
Ms. Tanzina Sharmee
Deputy Head, Shipping Department
Senior Member, Taxes & Finance Department
Rahman’s Chambers (Chattogram)
LLB Premier University
LL.M Premier University
Advocate, Supreme Court of Bangladesh
Mr. Khandaker Mashfique Ahmed
Associate & Supervisor
Member, Shipping & Investment Dept.
Member, Legal Consultancy & Documentation team
Rahman’s Chambers (Headquarters)
Diploma-in-Law, University of London
LL.B, University of London
LLM, Int. Business & Commercial Law (UK)
Time : 3:30 pm to 5:00 pm
Date : 25th September 2023 (Monday)
- Please register for our event as indicated below. Also indicate it you are joining physically/ virtually. We will send you registration confirmation by email/SMS.
- Materials will be provided at the time of the session.
- There is no fee for attending the above event.
For Physical participation
- Advance booking is recommended.
- Bookings are made on First come first serve basis.
- Priority is given to Past/Present Clients in Booking.