Learn to negotiate key terms in shipper, carrier and broker agreements to help your company's bottom line.
Many practitioners believe that a transportation agreement possesses the content and qualities expected of a general business contract. While shipping agreements are in fact contracts in form and function, the content and terminology of documents, which serve to properly memorialize a waterborne-transportation event contain terms particular to their subject matter, trade, and even designated cargo. Those who fail to distinguish the essential makings and expectations of parties to a shipping fixture often face grave difficulty in negotiating agreements with more learned and experienced counterparties. This presentation will help the actors responsible for establishing, negotiating, and fixing shipping contracts do so in a more efficient, professional, and informed manner. The live webinar also explains the method required for analyzing the form of contract to be used, sources of input for customary and additional clauses, and what ancillary or related documents should form part of the contract. Mistakes made in negotiating and fixing content for shipping contracts, especially those of an extended term for a fixed rate, are often very costly and difficult to resolve. This workshop is critical for transportation counsel practicing in the shipping arena, operations personnel who oversee the implementation of commercial terms in transportation agreements, and in-house counsel and procurement personnel involved in monitoring contract suites, performance, and all transportation and logistics personnel charges with knowing the modern and ever-changing regulatory landscape over newly-offered clauses and trade-organization governance and compliance.
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Agenda
Origin and Background of Shipping Agreements
- Development of Contracts in International and Domestic Trade
- Types of Agreements Commonly Used to Memorialize Shipping Contracts
- Ancillary Documents, Such as Product Sales Agreements, to Accompany Contracts
Selection of the Proper Form of Agreement
- Evaluating Commercial Terms and Applying Proper Form of Contract
- Methods of Limiting Contract Content to Commercial Expectations
- Negotiating Content of Main Terms and Supporting Documents
Understanding Commonly Disputed Clauses
- Overview of Origin of Habitual Contract Disputes
- Practical Implications of Knowing Which Clauses to Include and Omit
- Sources of Industry-Accepted Language in Shipping Agreements
Establishing Foundation in Support of Party Position
- Importance of Understanding Accepted Commercial Terms
- Where to Find Explanations and Interpretation of Common Contract Language
- Selecting and Negotiating Content of Additional and Rider Clauses
Conclusion and Questions
- Recap Highlights of Negotiating Techniques
- Review Sources of Contracts Forms
- Questions and Answers
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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on October 5, 2023.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- IL CLE 1.0
- This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- MS CLE 1.1
- This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.1 credit hours.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.0
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 64 Minutes.
- NM CLE 1.1
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.1 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- NY CLE 1.0 including Areas of Professional Practice 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VA CLE 1.0
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
- ISM 1.0
- Participants who successfully complete this program will receive 1.0 hours of continuing education. They may be applied toward ISM CPSM, CPSD or C.P.M. recertification. ISM's consent to approve hours for this educational event is not an endorsement of this program or its content by ISM.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Stephen Hanemann
Kean Miller LLP
- Partner in Kean Miller LLP’s New Orleans office
- The practice focuses on international trade, transportation-oriented transactions, marine asset and trade-route finance, asset and product purchases and sales, and shipping compliance
- Has prepared and presented numerous lectures on international trade and shipping subject matter and has authored numerous publications related to his practice.
- Member of New Orleans, Louisiana State, Jefferson, and American Bar Associations; Mariner’s Club of the Port of Greater New Orleans; Offshore Marine Service Association; World Trade Center New Orleans; Louisiana Energy Export Association; Mississippi Valley Trade and Transport Council; International Association of Maritime & Port Executives; GNO, Inc.; New Orleans Museum of Art; Friends of City Park; Audubon Zoological Society
- Holds an International Traffic in Arms Regulations (ITAR) certificate and an INCOTERMS 2020 certificate
- Certified mediator having completed a comprehensive course with The Mediation Institute
- J.D. degree, Loyola University New Orleans College of Law; B.A. degree in French, University of Texas at Austin
- Can be contacted at 504-451-4579 or 504-620-3342
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