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
Bibliography
Abbreviations
Basics of Ship Charters
Frequently used Shipping Terms
Index
The origin of the book was a graduate school thesis at the State University of New York Maritime College, written by Kenneth Schiels in 1984. The manuscript became the first edition of Tramp Ship Agency Practice, published by Lloyd’s of London Press in 1987. The second edition was published by Fairplay in 1994 as Ship Agency: A Guide to Tramp Ship Agency. We are pleased to give to the reader the third edition, combining the first two edition titles of Ship Agency – A Guide to Tramp Ship Agency Practice.
The third edition has three co-authors. Marygrace Collins is a partner in Bulkore Chartering, Inc, a dry bulk cargo ship broker located in New York. Bulkore is a full service dry cargo ship broking shop. However, as the name implies, their forte lies heavily on the carriage of iron ore from mines to mills all over the globe.
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, and is a moderator for the Association’s Home Study Course, “The Basic Principles of Chartering”. She also serves on the Executive Committee of FONASBA – The Federation of National Associations of Ship Brokers and Agents, headquartered in London, and was elected President of FONASBA in October 2012. Marygrace is also a member of Women’s International Shipping & Trading Association (WISTA) and the Connecticut Maritime Association. She has a Bachelor of Science degree from Georgetown University.
Peter Skoufalos concentrates in the areas of commercial and maritime law as a partner in the New York-based firm of Brown, Gavalas & Fromm. In his practice he advises key players in the maritime transportation sector, including ship agents and other intermediaries. Peter is a graduate of New York University and the Boston University School of 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. Peter has been involved with this book from its beginning in 1984 and has helped simplify some of the complex legal issues that agents occasionally confront.
Kenneth Schiels obtained a Bachelor of Science degree at Saint Francis University in Pennsylvania and his Masters of Science degree at the State University of New York Maritime College. His career has been in ships agency as a boarding agent, port manager, and an executive for a national ship agency in the United States. He is the owner of a marketing firm providing sales representation for international shipping agency firms into the North American shipping industry. Ken is on the Education Committee and the Agency Affairs Committee for ASBA, the Association of Ship Brokers and Agents (USA) Inc.
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