FREIGHT http://opentonnage.blogspot.com/
The condition of the freight market is one of the most important components of the global grain trading. Demand for sea shipments (influenced by the situation in the international sea commerce), and marine and inland-waterway tonnage (influenced by the supplies of new and retirement of old fleet), standstill of ships in the ports, and other operational factor determine the freight market. The sharp decay on the market in the second half-year of 2008 exceeded all the most pessimistic forecasts and led to the greatest slump of shipping rates during such short period in the last 20 years.
JURIDICAL PROBLEMS OF GRAIN TRADING
The logistics network begins from delivering of grains to the elevator by grain producers. Elevators
store grains according to the storage agreement, and sell to traders basing on the contracts of sale and
delivery. The contracts are usually concluded both between residents of the Russian Federation or with the participation of the non resident - in such case, the parties conclude contracts with GAFTA terms.
Often the parties conclude contracts on FOB, CFR/CPT, CIF/CIP delivery terms; FOB, CFR, CIF terms are usually applicable in sea shipment operations, CPT and CIP terms - container shipment. CFR, CIF terms mean providing of the consignment note, which allows to the buyer to resell the commodity in midcourse or put in pawn the commodity in order to receive financing. Letter of credit is one of the most acceptable forms of clearance between the contract parties, which allows to maintenance almost simultaneous fulfillment of the contract obligations to the contract parties, the seller minimizes own risks of nonpayment for the shipped goods, and the buyer minimizes own risks of non-delivery in the terms of preliminary payment.
All disputes of the contract of sale and delivery are usually classified at the following varieties: disputes of non-payment for the delivered goods, non-delivery of the preliminary paid commodities, volumes or qualitative conditions of the delivered goods (and the liability distribution between the supplier and the shipper), the assortment, the inopportune delivery, delays of loading/unloading and the corresponding idle hours (demurrage). The injured party usually
uses such measures as the reduction of the price for the delivered goods, the compensation of losses, termination of the contract and etc.
In the sea commercial experience, in the terms of shipment of large-scale cargo volumes with provi-
sion of the whole vessel capacities, the parties usually document the fixture recapitulation, and then
- charter party. The standard regular sailings are usually documented as fixture recap only.
The safety of sea shipment is lowered by the incidents, connected with arrests of ships, which
draw high public response. Arrest of the ship is legal measures, realized according to the International Convention about the unification of several rules concerning the arrest of sea vessels of 1952, the Convention of the UN about the Freight shipment of 1978, the Law of the Sea Convention of the UN of 1982and the Convention about the arrest of ships of 1999. The international law has over twenty varieties of marine claims. The party, which has the marine
claim, has ability to require arresting of the specific vessel. Usually, the forwarder and the consignee of the commodities do not sound to the marine claim, which arrests the vessel and falls down the delivery.
In the sphere of public law issues, the State program of development of agriculture and regulation
of markets of agricultural products, raw material and provisions in 2008-2012 period aims to regulate the market of grains and increase the competitive ability of Russian grains on the world market. The program provides the growth of Russian grains export volumes from 8 to 15 mln tonnes. The program also plans to provide the entrance of the Russian Federation to the World Trade Organization. The organization strives to regulate the governmental influence on development of the agricultural sector and grain exports.
By Maxim Kodunov,
Senior lawyer of the international law group
Astapov Lawyers
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