Cross-border electricity supplier, risk-known international shipping a bit?

After the goods arrived in the port of destination across the sea but no one delivery, resulting in long-term container from Hong Kong, resulting in high cost; domestic shipyards to accept unfavorable contract format, resulting in lost in arbitration; touch ton ships dock, shipping enterprises face a huge compensation ... ... with the ocean of economic internationalization, globalization deepens, the cross-border electricity supplier booming international shipping trade in hides various legal risks surfaced.

First: by the impact of weak international economic situation, the closure of some foreign buyers, hoping for prices of goods down by delays, when some goods to Hong Kong were detained by customs inspection, some buyers in advance the goods are found quality problems, can cause Container cargo stranded in long-term, significant cost. The current due to the long stay of the port of unmanned cargo delivery, shipping charges to the shipper claimant port stockpiling, container Dues disputes showed multiple trend.

In the trial also found that the buyer of some South Asian countries at the beginning of the business that there ulterior motives, resulting in customs auction of the goods in order to buy cheap, domestic exports to the party cause losses through long-term delivery methods. To this end, trade units when concluding sales contracts with foreign buyers, as far as possible the use of letters of credit and foreign exchange CIF terms require the issuance of bill of lading. The benefits of these measures is that, even if the buyer defaults do not want the goods, the seller can receive payment directly under the credit.

When circumstances occur consignee does not take delivery of the shipper should take early measures to deal with and prevent a further increase in the cost of the port of destination, to be determined notify the carrier as early as disposable goods, if necessary. As the carrier shall promptly notify the shipper or freight forwarders unattended delivery, suggesting that the cost of increased risk and to seek advice on handling the goods; if the consignee without feedback, but also required by law to properly dispose of the goods, earnestly try to derogate from obligations.

Second: In recent years, the unequal status led to shipbuilding Contracting parties in resolving disputes in a passive link status issues worth focusing on. Most foreign vessels will contract an arbitration clause, more than any agreement arising from the interpretation and performance of the shipbuilding contract in dispute shall be in accordance with the London Maritime Arbitration Commission Ordinance in London and governed by English law. Most foreign shipbuilding contract with full English, Japanese, Norwegian, or BIMCO (Baltic Association) standard shipbuilding contract template.

The model contract for domestic shipyard little research on foreign arbitration proceedings or do not know enough, lack of experience. Shipbuilding enterprises, especially the shipbuilding industry associations, should organize international experts in-depth study on the Standard Model of ship construction contract, and actively cultivate business, legal professionals and negotiators. Under the one hand, as far as possible to the shipbuilding companies can negotiate the format of the contract under the premise for the favorable terms set delet unfavorable terms. On the other hand strictly regulate aspects of the overall conclusion of the contract, not only to focus on the basic terms of the cost of the ship, ship technical requirements, but also to ensure clear and workable shipbuilding extended period, the subject of non-compliance identified significant enough to affect the performance of the contract of important provisions, but also Follow breach of Contract clause is obviously unfair, or is obviously not conducive to the construction side.