The latest entry in the agency`s nomination documents (December 2017) is the Agency`s Appointment Agreement, which is designed for longer-term agency agreements than AAAs (see below) or that cover a wider range of ports. The basic form covers all the essential conditions of an agency agreement, but will be supplemented in due course by a number of trade-specific clauses that will tailor the agreement to the specific needs of the sector. The form can be downloaded by clicking on the link above. On Thursday, April 5, 2017, another joint webinar of FONASBA and BIMCO was held, in which John Foord, President of FONASBA, member of the BIMCO Documentary Committee, Han van Blanken and Luis Bernat FICS, a member of the Board of Directors of the Danish Association of Offshore Brokers, discussed the new form and its practical applications. It is also necessary for the broker to be identifiable in the charter party. This does not mean that it should be explicitly mentioned, although many charter commission clauses are supplemented by the insertion of the real estate agent`s name. The broker may be identified as a member of a class or meet a particular description. This would mean that a “1.25% for each broker” charter clause would probably be sufficient to identify it. A provision of English law that for 150 years has limited the ability of mackerlers to collect their commission was repealed on 11 May 2000.
This amendment is due to the entry into force of the Third Party Rights Act in 1999 (the “law”). The legislation will also have, to a lesser extent, an impact on ship managers and ship agents, as noted below. The Himalayan clauses should prevent freight owners from avoiding the effects of contractual defence measures available to the carrier, such as the restrictions imposed by The Hague rules vis-à-vis Visby, by subpoenaing legal action against persons such as boat agents or Stevedores who provide contractual services on behalf of the carrier. The clauses generally provide that no action can be taken against the carrier`s representatives and subcontractors and that they have in any case the same limits of defence and liability as the carrier. However, the use of these clauses is not limited to bill of lading. Many contracts contain these clauses. An example is CLAUSE 11.4 of the BIMCO -Shipman 98-StandardShip Management Agreement.