Chapter 1 Tramp Ship Agency and the International Shipping Industry
1.1 Definition of ‘Agency’
1.2 The Shipping Industry as a Service
1.3 The Liner Business of Shipping
1.4 The Tramp Ship Owner
Chapter 2 Tramp Shipping
2.1 Tramp Ship Owners and Operators
2.2 Dry Bulk Carriers
2.3 Liquid Bulk Carriers
2.4 Tramp Vessel Operations and Management
2.5 The Commercial Operating of Ships
2.6 Types of Employment for Tramp Vessels
2.7 The Freight Market
Chapter 3 Shipbroking
3.1 Types of Shipbrokers
3.2 The Freight Market
Chapter 4 Tramp Ship Agency Practice
4.1 Port Agency Companies
4.2 Tramp Agency Operation
4.3 Pre-arrival
4.4 The Port Call
4.5 After Sailing Service
4.6 Functions of Agency Staff Members
Chapter 5 Defining Tramp Agency and the Scope of Services Provided
5.1 General Agent
5.2 Special Agent
5.3 The Right to Select the Port Agent
5.4 Charterer’s Nominated Agents
5.5 Hub Agent
5.6 Other Outsource Agency Services
Chapter 6 The Law of Agency
6.1 The Relationship of Agency
6.2 The Creation of Agency
6.3 Agency by Necessity
6.4 Ratification by Principals
6.5 Termination of the Agency Relationship
Chapter 7 The Ship’s Agent, Principals and Third Parties
7.1 The Disclosed Principal
7.2 The Partly-Disclosed Principal
7.3 The Undisclosed Principal
7.4 Third Party Rights Against Agent and Principal in the United Kingdom
7.5 Third Party Rights Against Agent and Principal in the United States
7.6 The Weakness of the ‘As Agent’ Signature
7.7 Creation of a Maritime Lien in the United States
7.8 Ship Agent’s Right to a Lien
Chapter 8 Duties and Liabilities of the Agent to the Principal
8.1 Duty to Act within the Scope of Authority
8.2 The Agent’s Duty of Confidentiality and Loyalty
8.3 Duty and Liability to Contract on the Principal’s Behalf
8.4 The Importance of Contract Signature
8.5 The Duty to Account for Funds Advanced by the Principal
8.6 The Duty to Exercise Care, Skill and Diligence
8.7 Duty of the Agent to Perform all Duties Personally
8.8 Duty to Keep the Principal Informed
8.9 Notification of Principal Through the Agent
Chapter 9 Principal’s Duties and Liability to the Agent
9.1 The Principal’s Duty to Provide an Opportunity for Work
9.2 The Principal’s Duty of Good Conduct
9.3 The Principal’s Duty to Pay Compensation
9.4 Remedies of an Agent
Chapter 10 Indemnity Insurance for Agents
10.1 Protection Coverage for Ship Agents
10.2 When Agents are most Vulnerable to Claims
Chapter 11 Duties under a Time Charter or as a Voyage Charterer’s Nominated Agent
11.1 Voyage Charterer’s Nominated Agent
11.2 Ship Agent’s Duty Under Time Charter
11.3 Disbursements Under Time Charter
11.4 Attendance of Delivery and Redelivery
Chapter 12 How to Select a Tramp Ship Agent
12.1 The Agent is a Reflection of the Party who Nominates or Appoints
12.2 Financial Strength
12.3 The Reporting of Voyage Accounting
12.4 Communication and Cargo Documentation
12.5 Company and Agency Staff Experience
12.6 Worldwide Ship Agency Networks
Chapter 13 Maintenance of the Agent/Principal Relationship
13.1 The Personal Relationship and Corporate Relationship
13.2 The Trade Relationship
Chapter 14 Charterer’s Liability for Actions of a Nominated Agent
14.1 The Charter Party Agency Clause
14.2 The Incentive for a Voyage Charterer to Nominate the Port Agent
14.3 The Charterer must Make a Reasonable Appointment
14.4 Liability for the Insolvency of the Agent
14.5 Charterer’s Liability Through the Implied Agency Doctrine
14.6 Charterer’s Liability in Cases Where the Nominated Agent is Acting
for a Limited Purpose
14.7 The Ship Owner’s Ratification of the Charterer’s Agency Nomination
Chapter 15 Managing a Tramp Ship Agency
15.1 Tramp Agency Fees
15.2 Service Fees
15.3 Accounting
15.4 Communications
15.5 Staffing
Chapter 16 Tramp Ship Agency Marketing
16.1 Selling to an Owner
16.2 Selling to a Charterer
16.3 Planning a Sales Call
Chapter 17 The Tramp Ship Agency Career
Chapter 18 Authors’ Thoughts
Except for the pilot, the first and last person to board or depart during every ship’s port call is the ship’s agent. In tramp shipping, both in dry bulk and tanker, the selection of the port agent at the load and discharge port is part of charter party negotiations.
The shipping industry is a vast and complicated business. Due to the many types of ships, and the charter parties by which they are contracted, the training of boarding agents or water clerks can be a long and complex process. Hopefully, this book will make the process easier. It will also provide ship owners and charterers with an understanding of the function of the ship agent.
This book will introduce a basic knowledge of the industry and encourage people entering shipping to further their education. The first few chapters cover basic marine transportation. The middle chapters provide insight into the legal relationships between the agent, the principal and third parties. The final chapters are gleaned from the authors’ experiences of working from the bottom up.
Each of the three authors has worked in shipping for over thirty years. They have contributed to this book their background in port agency operations, ship brokerage and maritime law.
Marygrace Collins
Marygrace was the first woman to serve as President of the Association of Ship Brokers and Agents (USA) Inc, in 2004 and 2005. She remains active in ASBA (the Association of Ship Brokers and Agents) and is the current Vice President of Bulklore Chartering, Inc. She also serves on the Executive Committee of FONASBA and was elected President in October 2012.
Kenneth Schiels
Kenneth Schiels has held roles as a boarding agent, a port manager and later an executive for a national ship agency in the USA. He is the owner of a marketing firm providing sales representation for international shipping agency firms in North America. He is on the Education Committee and the Agency Affairs Committee for ASBA (USA) Inc.
Peter Skoufalos
Peter Skoufalos is a graduate of New York University and the Boston University School of Law. In his role as partner in the New York firm, Brown, Gavalas & Fromm, he specialises in the areas of commercial and maritime law. Peter has authored several articles on maritime law and is currently Vice Chairman of the US Maritime Law Association Sub Committee on Arbitration and Mediation.
Witherbys
Witherbys titles are developed using scripts developed by technical experts that are peer reviewed within work groups. Typically, they seek to improve understanding of the regulations, recommendations and guidelines issued by Industry.
Witherbys staff have significant expertise in the fields of navigation and hazardous cargoes as well as in the presentation of complex subjects in a graphic and easy to understand manner.
Title: Ship Agency. A Guide to Tramp Ship Agency Practice
Edition: Third
Number of Pages: 134
Product Code: WS1392K
ISBN: ISBN 13: 978-1-85609-585-3 (9781856095853), ISBN 10: 1-85609-585-1 (1856095851)
Published Date: July 2013
Binding Format: Paperback
Book Height: 295 mm
Book Width: 210 mm
Book Spine: 10 mm
Weight: 0.30 kg