Argo0

Pauline Gatheca · Joined: 23 Aug 2010 Posts: 2

Hi my name is pauline am taking foundation in shipping pleased assist me tackle the below quiz

[a]Explain absolute advantage using a particular commodity and countries as an example. discuss the shipment method and vessels emplyed for that commodity.

Will appreciate your kind response

Rgds
[/quote]

RASHID IQBAL · Joined: 13 Apr 2010 Posts: 2

”V. H. ” wrote:

Hi Mohammed Nadhir

I would like to help, but I am not doing the subjects which you are writing as I have exemption from economics of sea transport.
I am, however, doing shipping business.
I wonder if you can help me with any past answers you have to past papers.
Things may not be same, of course, but it will be helpful if you can send any answers you have for shipping business.
Let me know.
Thanks.

[quote=”Mohammed Nadhir”]Am doing my PQ2 and would like to request anyone who has the answers to the past papers to send me via this email adress below.

mohaz203@hotmail.com or mohaz203@gmail.com.

The subject that am taking are:

1) Ecomics of sea transport
2) Legal principles of shipping business
3) Multimodal transport and logistics

I would apprecite any assistance from anyone and i can also assist with shipping business answers to anyone interested.

Anyones assistance to this matter will be highly appreciated

RASHID IQBAL
IT WILL BE YOUR HIGHNESS IF YOU ALL IF ABLE TO ANSWERS ME PORT AGENCY LAST PAPERS AT MY MAILrim50malik@yahoo.com
...

...[/quote]

RASHID IQBAL · Joined: 13 Apr 2010 Posts: 2

”V. H. ” wrote:

Hi Mohammed Nadhir,

I would like to help, but I am not doing the subjects which you are writing as I have exemption from economics of sea transport.
I am, however, doing shipping business.
I wonder if you can help me with any past answers you have to past papers.
Things may not be same, of course, but it will be helpful if you can send any answers you have for shipping business.
Let me know.
Thanks.

[quote=”Mohammed Nadhir”]Am doing my PQ2 and would like to request anyone who has the answers to the past papers to send me via this email adress below.

mohaz203@hotmail.com or mohaz203@gmail.com.

The subject that am taking are:

1) Ecomics of sea transport
2) Legal principles of shipping business
3) Multimodal transport and logistics

I would apprecite any assistance from anyone and i can also assist with shipping business answers to anyone interested.

Anyones assistance to this matter will be highly appreciated

...

...[/quote]

Amit Kalarikade · Joined: 14 Apr 2010 Posts: 2

INSTITUTE OF CHARTERED SHIPBROKERS
APRIL 2009 EXAMINATIONS
MONDAY 20 APRIL – AFTERNOON
LEGAL PRINCIPLES IN SHIPPING BUSINESS
Time allowed – Three hours
Answer any FIVE questions – All questions carry equal marks
1. The tanker Archie is chartered for the carriage of oil from “one safe port
Ventspils” to Antwerp. The charter-party provides among other things for:
(a) minimum quantity of 90,000 metric tonnes to be loaded, and
(b) charterers to have an option to load/discharge via lightering/ship-to-ship
transfer.
The ship is only able to load two thirds of her intended cargo because a severe
storm shortly before her arrival silted up the channel, thus imposing a draught
restriction. Archie’s master therefore serves a Notice of Readiness stating that he
does not expect to load a full cargo, but rather a maximum of approximately
67,000 metric tonnes. Therefore, although the charterers were able to tender for
loading 90,000 tonnes of oil, the vessel loads only 67,000 metric tonnes.
Identify and discuss the potential claims Archie’s owners may have in the above
scenario.
2. a) Analyse all the factors to be considered before the final resolution of General
Average.
b) Discuss the purpose and the use of the so called “Amended Jason Clause”.
3. Under a carriage of goods contract evidenced by a bill of lading, John, the owner
of the vessel Lucky Lady agrees to carry Jim‟s cargo, consisting of two pallets, to
London. The contract of carriage and the bill of lading incorporate the Hamburg
Rules.
The contract of carriage further states that the carrier (John) :
a) is not liable for loss/damage arising from delay, and
b) may bring an action against the shipper (Jim) within six years, and
c) can limit his liability for loss/damage arising from unreasonable deviation to
the amount of the freight charges.
Discuss and analyse the issues that arise from the above carriage provisions in the
given scenario. Would it make any difference if the contract of carriage and bills of
lading incorporated the Hague-Visby Rules instead?
4. a) Discuss the shipowner‟s/carrier‟s duty to provide a seaworthy ship under
Common Law and under the Hague-Visby Rules.
b) The Master of a ship may be generally considered to be an agent of the
shipowner. Explain and discuss the circumstances under which the Master may
become an agent of the cargo owners.
5. John, a shipbroker, has been representing PB Ltd., a large ship owning company,
for a number of years. PB Ltd. have always made the point that John is their
shipbroker in so far as chartering their vessels is concerned. PB Ltd. have recently
instructed John to conclude a contract (charter-party) for a specific cargo at a
specific rate. However, as the particular market is quite buoyant, John delays the
fixture and waits for a higher rate, which unfortunately due to an unexpected turn of
the international economic climate never materialises.
Detail and explain the consequences of the possible courses of action PB Ltd. may
take in the circumstances.
6. A shipbroker has concluded a contract (charter-party) on behalf of his principal
(shipowner) for the chartering of a number of vessels. The Broker now realises that
his principal (shipowner) is having financial difficulties to pay the agreed
commissions, which amount to approximately £100,000. In negotiations the
Broker and his principal agree that the Broker will accept the sum of £60,000 as
payment of his full (£100,000) commissions claim.
On these facts, fully explain and discuss whether the Broker would be able to
commence an action against the principal (shipowner) for the recovery of the
balance, i.e. the sum of £40,000.
7. Discuss why parties to a charter-party would agree to resolve their disputes by
arbitration. What alternatives could be considered.
8. Discuss and analyse the tort of negligence in the Law of Torts.
THE INSTITUTE OF CHARTERED SHIPBROKERS
LEGAL PRINCIPLES
IN SHIPPING BUSINESS (LPS)
2009
EXAMINER’S REPORT
OVERALL COMMENTS
The standard displayed was generally fair, given the objectives of the examination, with
over half of the candidates displaying competence in identifying legal problems.
Both the essay and problem type questions were answered reasonably well by a large
number of candidates, with a clear and well-informed presentation from a significant
number of candidates. Legibility and tidiness was fair in the majority.
Compared to last year, this year‟s results indicate a considerable improvement of
candidates‟ performance. In fact, this year‟s results represent an improvement over the
last four years‟ overall results!
Questions 4, 7, and 8 were the most popular ones, whilst questions 7, 2, and 8 were the
most successfully answered ones.
QUESTION 1 – DEADFREIGHT/SAFE PORTS
The scenario was based on AIC Ltd v Marine Pilot Ltd [2008] EWCA Civ 175. In
this case the owners had two claims; one for deadfreight, and another for unsafe port.
The Court of Appeal took the view that the Master tendered his NOR thereby giving
a statement of the maximum quantity of cargo that could be loaded in the
circumstances. Although the Charterers had tendered for loading 93,000 tons, they
knew it would not be possible for the vessel to sail with this much cargo onboard. If
the Charterers wanted to load a full cargo they had a choice. Load a full cargo and
wait for the channel to be dredged or load 67,000 tons and top up by STS. Charterers
had chosen neither. Therefore, the Court of Appeal allowed the dead freight claim to
succeed and there was no need for the Court to consider the STS issue. Most answers
identified and considered these issues, as well as the issue of safe port.
QUESTION 2 – GENERAL AVERAGE/AMENDED JASON CLAUSE
Despite the fact that this question, which was one of the most popular questions this
year, was clearly and expressly split into an (a) and a (b) part, too many students just
overlooked part (b) about the New Jason Clause. This obviously leads to the loss of
otherwise „easy‟ points. The concept of the New Jason Clause generally appears to be
very badly known. Often the link with US law was not even made.
Most candidates had fair knowledge of the basic ingredients and mechanisms of
general average, but many do not know or forgot to mention that general average is
commonly governed by the York Antwerp Rules (YAR).
QUESTION 3 – HAMBURG RULES/HAGUE-VISBY RULES
It was surprising to observe that not one candidate recalled that the Hague-Visby
Rules allowed “any reasonable” deviation. There was a tendency of answers to
digress into the general differences of the two carriage regimes.
Quite a few candidates confused the application of Hague-Visby Rules, thinking that
since the carriage was to London the Hague-Visby Rules would apply.
QUESTION 4 – SEAWORTHINESS/AGENCY OF NECESSITY
This was the most popular question in this year’s examination, and was well answered
overall. Most were aware of the absolute warranty of seaworthiness under common
law, but quite a few were not accurate as to the Hague-Visby Rules‟ requirement of
due diligence.
QUESTION 5 – AGENCY/AGENT’S OBEDIENCE TO INSTRUCTIONS
A straightforward question examining whether candidates have a grasp of agents‟
duties, and particularly on the issue where the agent has specific instructions.
Some confusion seemed to exist on the implied warranty of authority. This occurs
when a person (agent) purports to act on behalf of someone else (principal) and
induces another party (third party) into a contract on the basis that his authority is
valid. Clearly not a relevant issue on the facts of the question.
A few answers suggested that the broker (John) delayed the fixture in an attempt to
safeguard his principal’s interest in good faith. If this was correct then brokers would
be in a “win-win” situation by delaying “at will” principals‟ specific instructions,
irrespectively of market rates!
One matter not touched upon by any answers is that on the basis of the broker acting
in good faith, he should advise his principals to promptly fix their ship at as close a
rate as they originally instructed him, due to the “unexpected turn of the international
economic climate”. Such notification by the broker may also serve as a “shield”
against any potential claim the principals may pursue later against him, particularly if
they did not attempt to minimise their loss.
QUESTION 6 – BROKER’S COMMISSION, EQUITABLE ESTOPPEL
Not very well answered overall. Although some marks were awarded for the historic
review of brokers’ commission payment, the issue here was not that the
shipowner/principal denied his liability for commission payment.
Quite a few candidates thought that the broker could not take action against the
owners due to equitable/promissory estoppel; however, equitable estoppel does not
stop the broker suing the owners. It would be used as a “shield” by the owners to
resist the broker’s claim for the balance payment.
QUESTION 7 – ARBITRATION/ADR
A straightforward open question requiring candidates to give a comprehensive
account on arbitration and ADR. As expected most candidates fully expanded on
issues pertaining the topic.
A few candidates were not aware of the 1996 Arbitration Act. Furthermore, there
seemed to be an opinion that in the Court system there is an automatic right of appeal,
whereas in arbitration there is not!
QUESTION 8 – NEGLIGENCE
A popular essay-type question, and a well answered overall. Most candidates
identified that the law of torts is to be situated outside and opposed to the law of
contract. This may seem obvious, but there were quite a few candidates who mistook
the term „negligence‟ for that of „omission‟ and discussed and gave examples in the
area of contractual liability. Likewise, there were a number of answers, giving the
right theoretical explanation of what torts are, but giving examples related to
contractual relations. This gives the impression that certain candidates learn (parts of)
the syllabus by heart and do not really know or understand what they are reproducing
at the exam.
CONCLUSION
It was striking to see how many candidates left badly needed marks uncollected by
omitting to answer parts of questions or by wrongly reading or interpreting the
question (typically questions 1 (time charter instead of voyage charter); 2 (b) (claims
against the shipper instead of claims against the owner); 4 (b) agent of the ship owner
instead of the cargo owners).
Candidates should remember that the policy in the Institute‟s examinations is for
essay-type answers and a simple list of „bullet points‟ will not gain high marks.
A final point. Failing to comply with the instructions on the cover page including
such things as starting each question on a fresh page will not cost the candidate marks
but why risk causing irritation?

vishal joshi · Joined: 12 Apr 2010 Posts: 1

Dear Friends,

I am also searching for past papers & examiners reports on following subjects :
1) LEGAL PRINCIPLES OF SHIPPING BUSINESS
2) SHIPPING BUSINESS
3) Logistics & Multi-modal Transport

I tried a lot to download from ICS website but unable to get through. Can Anyone email ( vishal@omfreight.com) it to me or let me know alternative. Thanking you all in advance.

Vishal Joshi.

ZEESHAN FAREED · Joined: 26 Dec 2008 Posts: 1

”khurram arbab” wrote:

[quote=”khurram arbab”][quote=”V. H. ”]

I would like to ask for Ship Operation and Management past papers especially question for Voyage Estimate, if any one can give me answers or solved question. My email address: arbab_k@hotmail.com

Hi Mohammed Nadhir,

I would like to help, but I am not doing the subjects which you are writing as I have exemption from economics of sea transport.
I am, however, doing shipping business.
I wonder if you can help me with any past answers you have to past papers.
Things may not be same, of course, but it will be helpful if you can send any answers you have for shipping business.
Let me know.
Thanks.

[quote=”Mohammed Nadhir”]Am doing my PQ2 and would like to request anyone who has the answers to the past papers to send me via this email adress below.

mohaz203@hotmail.com or mohaz203@gmail.com.

The subject that am taking are:

1) Ecomics of sea transport
2) Legal principles of shipping business
3) Multimodal transport and logistics

I would apprecite any assistance from anyone and i can also assist with shipping business answers to anyone interested.

Anyones assistance to this matter will be highly appreciated

I will be highly obliged, ifu can send me Shipping Business notes on my email. arbab_k@hotmail.com

...

...[/quote]...[/quote]...[/quote]

khurram arbab · Joined: 1 Apr 2010 Posts: 3

”khurram arbab” wrote:

[quote=”V. H. ”]

I would like to ask for Ship Operation and Management past papers especially question for Voyage Estimate, if any one can give me answers or solved question. My email address: arbab_k@hotmail.com

Hi Mohammed Nadhir,

I would like to help, but I am not doing the subjects which you are writing as I have exemption from economics of sea transport.
I am, however, doing shipping business.
I wonder if you can help me with any past answers you have to past papers.
Things may not be same, of course, but it will be helpful if you can send any answers you have for shipping business.
Let me know.
Thanks.

[quote=”Mohammed Nadhir”]Am doing my PQ2 and would like to request anyone who has the answers to the past papers to send me via this email adress below.

mohaz203@hotmail.com or mohaz203@gmail.com.

The subject that am taking are:

1) Ecomics of sea transport
2) Legal principles of shipping business
3) Multimodal transport and logistics

I would apprecite any assistance from anyone and i can also assist with shipping business answers to anyone interested.

Anyones assistance to this matter will be highly appreciated

I will be highly obliged, ifu can send me Shipping Business notes on my email. arbab_k@hotmail.com

...

...[/quote]...[/quote]

khurram arbab · Joined: 1 Apr 2010 Posts: 3

”V. H. ” wrote:

Hi Mohammed Nadhir,

I would like to help, but I am not doing the subjects which you are writing as I have exemption from economics of sea transport.
I am, however, doing shipping business.
I wonder if you can help me with any past answers you have to past papers.
Things may not be same, of course, but it will be helpful if you can send any answers you have for shipping business.
Let me know.
Thanks.

[quote=”Mohammed Nadhir”]Am doing my PQ2 and would like to request anyone who has the answers to the past papers to send me via this email adress below.

mohaz203@hotmail.com or mohaz203@gmail.com.

The subject that am taking are:

1) Ecomics of sea transport
2) Legal principles of shipping business
3) Multimodal transport and logistics

I would apprecite any assistance from anyone and i can also assist with shipping business answers to anyone interested.

Anyones assistance to this matter will be highly appreciated

I will be highly obliged, ifu can send me Shipping Business notes on my email. arbab_k@hotmail.com

...

...[/quote]

V. H. · Joined: 15 Mar 2010 Posts: 1

Hi Mohammed Nadhir,

I would like to help, but I am not doing the subjects which you are writing as I have exemption from economics of sea transport.
I am, however, doing shipping business.
I wonder if you can help me with any past answers you have to past papers.
Things may not be same, of course, but it will be helpful if you can send any answers you have for shipping business.
Let me know.
Thanks.

”Mohammed Nadhir” wrote:

Am doing my PQ2 and would like to request anyone who has the answers to the past papers to send me via this email adress below.

mohaz203@hotmail.com or mohaz203@gmail.com.

The subject that am taking are:

1) Ecomics of sea transport
2) Legal principles of shipping business
3) Multimodal transport and logistics

I would apprecite any assistance from anyone and i can also assist with shipping business answers to anyone interested.

Anyones assistance to this matter will be highly appreciated

...

Mohammed Nadhir · Joined: 18 Jun 2008 Posts: 3

Am doing my PQ2 and would like to request anyone who has the answers to the past papers to send me via this email adress below.

mohaz203@hotmail.com or mohaz203@gmail.com.

The subject that am taking are:

1) Ecomics of sea transport
2) Legal principles of shipping business
3) Multimodal transport and logistics

I would apprecite any assistance from anyone and i can also assist with shipping business answers to anyone interested.

Anyones assistance to this matter will be highly appreciated