INTERTANKO
Council Meeting
Athens, May 2011
Image Courtesy of NORDEN AS
Documentary Committee
Overview
David Chapman
Managing Director
OSG Tankers UK Ltd
Chartering/Documentary/Legal
Services to Members
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Documentary Committee
INTERTANKO model clauses
INTERTANKO publications
Freight and Demurrage Information Pool
www.intertanko.com – Legal and Documentary:
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Charterparty issues
Case law summaries
Charterparty forms
General advice and assistance
INTERTANKO Clauses and Guidance on their use
Chartering Seminars
Charterparty Advisory Service
Weekly News – Legal Issues
Documentary Committee History and
Chairmen
• 1974 - 1983
• 1984 - 1996
• 1996 - 2005
• 2005 - 2010
• 2010 - date
Mr P. Gram, Northern
Shipowners Defence Club
Mr Harvey Williams,
Sinclair, Roche &
Temperley (later vice- chair to
2004)
Mr John R. Lean, Botany Bay
Parcel Tankers (April 2005)
Mr Arve Ustgård, Teekay Shipping
Norway AS (August 2010)
Mr David Chapman, OSG Tankers
UK Ltd
Membership Criteria
‘Membership should always maintain a
balance between a substantial proportion of
owners' representatives with wide practical
knowledge and experience and "advisers"
including usually tanker brokers from different
centres, club and legal representatives and
consultants with wide relevant knowledge of the
tanker industry’.
Documentary Committee
• 15 members – Full and Associate
• Regular ‘observers’
• Full Members - tanker companies located in the
Asia, Europe and North America representing
crude, chemical, product and parcel tankers
• Associate Members representing:
- US Attorneys
- UK lawyers
- P & I and Defence Clubs
- Broking House
- Charterers
- US University
Documentary Committee Members
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Mr David Chapman, OSG Tankers UK Ltd (Chairman)
Mr William J Honan III, (Vice-Chairman), Holland & Knight
Prof Martin Davies, Tulane Law School
Mr Tony Dixon, Braemar Seascope
Mr Robert Gay, Hill Dickinson LLP
Mr Frode Grotmol, Nordisk
Mr Jonathan Hare, Skuld
Mr Trond Herdlevær, J. Ludwig Mowinckels Rederi
Ms Anne Liversedge, Teekay Shipping Norway AS
Mr Rajeev Philip, Mansel Oil
Mr Henrik Romland, Stena Bulk
Mr Jagadisa Santhanam, Varun Shipping Company Limited
Mr John Salmon, Sovcomflot
Mr Frode Stornes, Odfjell
Mr Jacob Ulrik, Maersk Tankers
Documentary Committee Aims and
Objectives
• to promote balanced and reasonable charter party
provisions in the tanker industry
• to consider, prepare and review tanker charter
parties, as well as other related documents,
including any clauses contained in such
documents
• to prepare model clauses for consideration by
INTERTANKO members
• to cooperate and develop a friendly dialogue with
such interested parties in the tanker industry that
may be useful to this aim.
• to assist the Secretariat in its efforts to keep the
membership informed about developments relative
to the documentary aspects of tanker chartering.
Freight Demurrage and Information Pool
• Formed 1983
• Demurrage and other claims, e.g. additional freight payments,
disbursements, extra shifting expenses and deviations costs
• Membership fee USD 1440 per year for a members' entire fleet entered
with INTERTANKO and an unlimited number of claims
• FDIP statement and circular 3 times a year – claims statistics, law
reports, new INTERTANKO clauses, report on defaulting charterers
• Defaulting charterer enquiries
FDIP Claims 2010
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No. (value) of claims notified:55 (USD 2,7 mill)
No. (value) of claims settled:39 (USD 2,2 mill)
No. (value) of claims reported: 1 USD 3,196
Average number of days to settle: 20
2 claims USD 943,859.98/USD 14,269.38 recovered in one day
6 further claims recovered in 5 days
Current Work Programme
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Emissions Reduction Clauses (‘Virtual Arrival’)
Mercury in Crudes Clauses (working with ISTEC)
Improper Influence Clauses (‘Facilitation’)
Commingling/Cargo Additive Clauses (working
with Chemical Tanker Committee)
Radioactivity Risk Clauses?
Slow Steaming/Ultra Slow Steaming?
Recently Published Clauses and Guidance
• Vetting Clause
• Completion/rotation Clause
• Piracy Clauses for Time and Voyage
Charterparties
• STS Operations Clause
• Interim Ports Compensation Clause
• Sanctions Clause
• Deepwater Horizon Clause
• EU Cargo Declaration Clause
Recent and Planned Publications
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Shelltime 4 and ShellLNGTime
Oil Pollution Legislation in
Littoral States of the USA
INTERTANKO Clauses e-Book
Tanker Chartering Seminars
• Athens – 11th May 2011
Documentary Committee Members present:
– Piracy – Legal and Chartering Issues
– Vetting Clauses
– Major Issues under Shelltime 4
– Sanctions
– Safe Ports, Safe Berths
plus Mock Arbitration/Workshops
Concluding Remarks
Documentary Committee Priorities:
• Continuously monitor and enhance our
understanding of the development of charterparty
forms and clauses including related documentation
• Proactively develop model clauses in response to
key developments in chartering practice and
international trade
• Develop balanced and workable solutions to
chartering issues
• Produce user friendly chartering guidance on key
charterparty forms
• Establish effective dialogue with relevant
stakeholders
Thank you
For more information, please visit:
www.intertanko.com
Legal and Documentary