Until recently, ship management contracts were very different. In 1988, due to the growth of the ship management industry, the Baltic and International Maritime Council (BIMCO) Documentary Film Committee 4 has begun publishing a series of standardized forms of naval management known as SHIPMAN, the last iteration being SHIPMAN 2009.5 The current form, which has replaced all previous forms6, is widely used as a starting point for individual negotiations between the administrator and the owners. 1. Maritime Links In accordance with U.S. law, ship managers have the legal authority to order “necessities” for a vessel.7The provision of needs by a supplier or seller leads to a maritime pawn right against the vessel by U.S. operations. The law and, if not dismissed, such a pawn on the ship is enforceable in the United States through a legal process under Act 8, so it is important that the owners of the investors take into account the costs incurred by their administrator that can generate maritime pledges in the United States and elsewhere. In addition, subject to their obligation to finance the administrator in accordance with the terms of the agreement, the owners should endeavour to prevent the administrator from creating, adopting or authorizing non-usual maritime rights against the vessel, such as wage pawns and salvage operations. One of the related issues is whether the administrator has an enforceable maritime wagering right against the vessel for the administrative costs charged to the owners and the advances that were made on behalf of the vessel. While most U.S. courts that have considered the issue have held that a manager has no maritime pledge right,9 such judgments do not bind non-U.S. law. The courts and the courts.
Accordingly, a negotiated waiver of the administrator`s maritime foreclosure applications (and the agreement not to sue the vessel) would be a prudent and advantageous complement to SHIPMAN 2009 from the perspective of the investor owners. 2. Duration and termination SHIPMAN 2009 provides for a minimum term of contract during which the agreement is not terminated by both parties, with the exception of delay events and exceptional events (such as losses or ship requirements).10 After the minimum term has expired, However, since a ship management contract is a personal service contract, there is nothing in SHIPMAN 2009 that allows the owner to terminate the contract for the initial term, for whatever reason or reason.11 Since a vessel management contract is a personal service contract, there is nothing in SHIPMAN 2009 that allows the owner to terminate the contract for the initial term of office. , if the vessel is below the average market average or on a solid financial formula. Such “Early Out” provisions – often observed in container management agreements – should be taken into account in cases where commercial management services are provided, particularly with respect to longer-term commitments. 1 See www.bimco.org/en/Education/Seascapes/Sea_View/The_modern_ship_manager.aspx (accessed June 20, 2012).