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Tutorial Course

MAR 1007 · Ship Sale & Purchase

Led by Aristotle Onassis Simulacrum

11 modules 11 modules · ~13 hours Académie Maritime Updated 6 days ago

The ship sale and purchase specialism of the maritime series, following the coverage of the Institute of Chartered Shipbrokers' Ship Sale & Purchase syllabus. Eleven modules take the practitioner into the trade of buying, selling, and scrapping ships — the ship as a product, measurement and light displacement, shipyard and demolition geography, registration and classification, the parties to a sale, the newbuilding/secondhand/demolition markets, the Norwegian Saleform, negotiation, finance, valuations, and the legal position of the broker. Led by the Aristotle Onassis Simulacrum, with the legal modules taught by Lord Mansfield and the finance and valuation modules by Penelope Smythe-Bottomley.

The Ship as a Produc…1Measuring and Valuin…2Yards, Breakers, and…3Registration and Cla…4The Parties to a Sal…5Three Markets: Newbu…6The Memorandum of Ag…7Negotiating the Sale8Financing the Purcha…9Valuations10The Legal Position o…11
  1. Module 1

    The Ship as a Product

    Led by Aristotle Onassis Simulacrum

    The question

    How well must an S&P broker know ships — enough to talk to a buyer as one professional to another, and to describe accurately what he is selling? This module covers the ship as a product: the level of construction knowledge the broker needs; the differences among dry bulk ships, liners, and tankers, with detailed sketches; the tanker categories and bulk-carrier size ranges; the design of decks, holds, hatches, and cargo gear and the importance of ballast and ballast water treatment systems; propulsion and other machinery; and the trends in ship development driven by legislation and convention.

    Outcome

    You can describe a vessel accurately to a buyer and identify the features and developments that bear on its sale. (The ship)

    Sub-units

    1. 1.1 Ship Types and the Broker's Level of Knowledge
    2. 1.2 Gear, Machinery, and Ship Systems
    3. 1.3 Trends and Developments Affecting Value
  2. Module 2

    Measuring and Valuing the Hull

    Led by Aristotle Onassis Simulacrum

    The question

    Numbers describe a ship — but which number rules the scrapyard, and why? This module covers ship measurement: the full terminology (light displacement, GT, NT, DWAT, TEU, moulded depth, LOA, LBP, draft, air draft, bale and grain cube) and the other describing dimensions; the crucial importance of light displacement tonnage in sales for demolition, since the breaker buys the steel; and what a general arrangement plan shows a buyer.

    Outcome

    You can interpret a vessel's measurements and identify which matter for a trading sale and which for demolition. (The ship — measurement)

    Sub-units

    1. 2.1 The Vocabulary of Ship Measurement
    2. 2.2 Light Displacement and the Demolition Price
  3. Module 3

    Yards, Breakers, and Trade Geography

    Led by Aristotle Onassis Simulacrum

    The question

    Where are ships built, where are they broken, and how do the trades shape what tonnage a buyer wants? This module covers the geography of S&P: the location of the main shipbuilding areas and the capabilities and specialisation of the major yards; the location of the major demolition buyers; and how cargoes, trade routes, and meteorological phenomena influence the types and sizes of ships employed, and so the demand that drives the market.

    Outcome

    You can reason about where a vessel would be built or broken and the tonnage demand behind it. (Geography)

    Sub-units

    1. 3.1 Shipbuilding and Demolition Centres
    2. 3.2 Trades and the Demand for Tonnage
  4. Module 4

    Registration and Classification

    Led by Lord Mansfield Simulacrum

    The question

    When a ship is sold, what happens to her flag and her class — and why does the buyer care so much? Taught by Lord Mansfield, this module covers registration and classification: the need for registration and the differences among national-flag, offshore, flag-of-convenience, and open-register registration, with the advantages and disadvantages of each; how the broker becomes involved in changing registration at delivery; the need for classification and what it entails; the role of the societies and the standing of IACS membership; and the importance of class historical records and the broker's role in arranging their inspection.

    Outcome

    You can reason about the flag and class issues in a sale, the buyer's registration choices, and the inspection of class records. (Registration and classification)

    Sub-units

    1. 4.1 Registration, Flags, and the Buyer's Choices
    2. 4.2 Classification, IACS, and Class Records
  5. Module 5

    The Parties to a Sale

    Led by Aristotle Onassis Simulacrum

    The question

    Does an entrepreneur selling his only ship negotiate like a conglomerate disposing of a division — and who else is in the room? This module covers the parties: the types of shipowner among buyers and sellers (entrepreneur, limited company, conglomerate division, investment group, shipping pool) and how their negotiating attitudes differ; the other players (brokers, breakers, charterers, financiers); the completion professionals (lawyers, notaries, consuls, registrars, class representatives); and the structure of an S&P office and the importance of record-keeping.

    Outcome

    You can identify the parties to a transaction, anticipate how the principals will negotiate, and name the professionals needed at completion. (The parties involved)

    Sub-units

    1. 5.1 Reading the Buyers and Sellers
    2. 5.2 The Other Players and the Completion Professionals
  6. Module 6

    Three Markets: Newbuilding, Secondhand, Demolition

    Led by Aristotle Onassis Simulacrum

    The question

    Why are there three markets in ships, not one, and how does the freight market drive what a ship is worth? This module covers the markets: the differences and interrelationships among newbuilding, secondhand, and demolition and how the information each requires differs; the factors influencing the S&P market generally and each market particularly; how the chartering market directly drives the secondhand market and indirectly the demolition market, while the world economy drives the newbuilding market; the influence of external factors; and the skill of preparing and interpreting market reports.

    Outcome

    You can reason about how a freight-market movement or external event will affect each of the three S&P markets. (Markets)

    Sub-units

    1. 6.1 The Three Markets and Their Interrelationship
    2. 6.2 What Moves the Markets
  7. Module 7

    The Memorandum of Agreement

    Led by Lord Mansfield Simulacrum

    The question

    What is the contract that sells a ship, and can you work through the Norwegian Saleform clause by clause? Taught by Lord Mansfield, this module covers the contract and documentation: the anatomy of a sale agreement and the differences for newbuilding, secondhand, and scrap; the standard Memorandums of Agreement and the Norwegian Saleform (1993 and 2012 versions); the intention of its clauses and the crucial clause numbers; the pre-purchase and underwater inspection clauses and their timing; compiling additional clauses; and the documentation required to complete the legal transfer.

    Outcome

    You can identify the relevant Saleform clauses, draft an additional clause, and list the documentation needed to complete the transfer. (Contracts and documentation)

    Sub-units

    1. 7.1 The Saleform and Its Clauses
    2. 7.2 Additional Clauses and Completion Documentation
  8. Module 8

    Negotiating the Sale

    Led by Aristotle Onassis Simulacrum

    The question

    How is a ship sale negotiated through offer and counteroffer — and why can a buyer walk away after inspection without giving any reason? This module covers the negotiation: firm offer and counteroffer and the custom of each party's broker, and the importance of time limits; drafting an opening offer with any specially compiled clauses; the recapitulation and the subjects, especially "subject inspection," and how they are lifted; the compiling of ship's particulars on a "believed to be correct but not guaranteed" basis; and the etiquette and ethics customary among S&P brokers.

    Outcome

    You can draft an opening offer, run the negotiation to a recap, and handle the subjects, observing the etiquette of the trade. (Negotiation)

    Sub-units

    1. 8.1 Offers, Counteroffers, and the Opening Offer
    2. 8.2 Recap, Subjects, Particulars, and Etiquette
  9. Module 9

    Financing the Purchase

    Led by Penelope Smythe-Bottomley Simulacrum

    The question

    A ship costs tens of millions — so how does a buyer raise the money, and what secures the loan? Taught by Penelope Smythe-Bottomley, this module covers finance: the ways a buyer raises funds and the sources and information financiers require; the role and function of a mortgage as security for a purchase loan; leasing and bareboat chartering as alternative methods of acquiring tonnage; and the effect of interest rates, foreign currency, and currency fluctuation on raising and servicing finance.

    Outcome

    You can explain how a purchase is financed, the role of a mortgage, and the interest-rate and currency risks involved. (Finance)

    Sub-units

    1. 9.1 Raising Funds and the Mortgage
    2. 9.2 Leasing, Bareboat, and Financial Risk
  10. Module 10

    Valuations

    Led by Penelope Smythe-Bottomley Simulacrum

    The question

    What is a ship worth, who needs to know, and how is the answer reached without ever stepping aboard? Taught by Penelope Smythe-Bottomley, this module covers valuations: the duties of a valuer and the reasons for valuations and the bodies requiring them; the legal liabilities upon and protection needed by valuers, and how a valuation is presented with appropriate caveats; and the information on which a valuation is based and the method of assessing value — including the important point that it does not involve physically surveying the vessel.

    Outcome

    You can explain how a valuation is assessed, the caveats it should carry, and the valuer's liability. (Valuations)

    Sub-units

    1. 10.1 The Valuer's Duties, Liability, and Caveats
    2. 10.2 How a Value Is Assessed
  11. Module 11

    The Legal Position of the Broker

    Led by Lord Mansfield Simulacrum

    The question

    What does the law require of the S&P broker, and what does "free of encumbrances and maritime liens" actually promise a buyer? Taught by Lord Mansfield, this module covers the broker's legal position and dispute resolution: acting under the specific authority of the principal and breach of warranty of authority, with and without negligence; what "free of all encumbrances and maritime liens" implies; the importance of a valid notice of readiness and the cancelling date; the principal areas of dispute on delivery; the broker's right to commission and its protection; and resolving disputes by arbitration, litigation, and mediation.

    Outcome

    You can identify the broker's position and liability in a sale dispute, the contractual promises and deadlines engaged, and the route to resolution. (Legal aspects of sale and purchase)

    Sub-units

    1. 11.1 The Broker's Authority, Liability, and Commission
    2. 11.2 Encumbrances, Delivery, Disputes, and Resolution