[Maritime and Logistics Division]
Information on Maritime and Logistics Sector Seminar

Our maritime and logistics department is happy to host seminars.
If you would like, we can also hold a seminar on-site, so please feel free to contact us.
Contact email: section@maritimelawyer.jp

Below are some examples of events, but please feel free to contact us about other themes.

[General Legal Knowledge and Practice] Series 0

We handle both domestic and international cases.

Part 1: Explanation of the basics of civil and commercial law - including recent legal reforms

Part 1 Introduction

①Parties to the contract: legal capacity, legal entity
② Agent and representative
3) Conditions for the formation of a contract
4. Requirements for a contract to be valid

Part 2 Types of Rights

⑤Types of rights: real rights and claims
⑥Types of security: personal security and real security (mortgage, pledge, lien, retention right)

Part 3: Credit Management

⑦ Expiration of Prescription, Renewal, and Completion Delay
⑧Assignment of claims
⑨ Cancellation
⑩ Liability for breach of contract (claims for damages and termination)
⑪Tort liability (claim for damages)

Part 4: Explanation of typical contracts

Sales contracts, contract agreements, agency contracts, lease agreements, etc.

Part 2: Civil Code Amendments and their Impact on Maritime Affairs, Logistics, and Trade

(General remarks)
① The importance of understanding civil law: This will be useful in risk analysis, contract drafting, and dispute resolution negotiations.
②Liability for non-performance of obligations, compensation for damages, cancellation
③ Management of prescription, guarantee and offset

(Specifics)
④ Charter parties, contracts of carriage
⑤Shipbuilding contracts, sales contracts, loan contracts, lease contracts, contracts, outsourcing, consulting, warehousing : Do contract formats need to be revised?
⑥Collision accidents and personal injury accidents

Part 3: Dispute resolution and debt collection practices

Part 1 Dispute Resolution

① When a dispute arises, what should you check first?
② How are governing law and jurisdiction determined?
3) What means of dispute resolution other than litigation or arbitration are available?
4. Litigation, arbitration, and mediation practice: which should you choose?
⑤Even if you win a lawsuit, it does not necessarily mean that the other party will comply with the judgment.
⑥How to respond when a dispute arises between three or more parties
　Example: What should be done when the jurisdiction and applicable law are different for each party?

Part 2: Debt Collection

7. Key points in debt collection, debt collection methods, security interests (maritime lien, lien, right of retention, debt assignment security, etc.)
⑧Key points to remember when negotiating with the other party
9. Bankruptcy proceedings
10. Key points for debt collection when the other party is facing bankruptcy, and restrictions on debt collection under the Bankruptcy Act

4th session: Contract practice, domestic transactions, international transactions

Part 1: Contract Practice

1. What is a contract? The significance and role of contracts
②Contract check points
3. Points to note when drafting a contract
④Management of contracts and preservation of evidence
⑤ Use of lawyers

Part 2: Peculiarities of international trade

⑥Explanation of key points in international trade contracts
7. Explanation of key points regarding international debt collection
⑧ Use of overseas lawyers
9. International litigation and arbitration, enforcement of foreign judgments, enforcement of foreign arbitral awards
⑩ How to handle cases where the same case is pending in multiple courts (international lawsuits)

Part 3: Some topics on international trade

⑪ Trade terms, Incoterms (EXW, FOB, CIF, etc.)
⑫Trade and Bills of Lading
⑬Vienna Sales Convention

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[Corporate Risk Management and Compliance] Series 1

I think it would be useful for any business.

Part 1: Corporate Risk Management and Compliance (1)

Part 1: Corporate Risk Management

①Types of risks surrounding companies
②The need for risk management
3) Risk management concepts, perspectives, and countermeasures

Part 2 (1) Introduction to Corporate Compliance

④ Compliance targets
⑤Why is compliance necessary?
⑥ Company structure
⑦What laws and regulations should you be aware of?

Part 2 (2) Corporate Compliance

⑧ Explanation of key points of the Companies Act
9. Responding to corporate scandals and accidents

Part 3: Using Lawyers

10. What is a lawyer and what is his/her role?
⑪ Legal regulations and ethics for lawyers
⑫ Points to note when requesting assistance from a lawyer

2nd: Labor Law Compliance

1) The current situation, what labor laws are, and why labor laws should be followed
② Scope of Labor Law: Distinction between employment contracts and service contracts, etc.
3) Points to note when revising work rules (including company rules)
4) Protection of workers' human rights (equal treatment, forced labor, personal information, etc.)
⑤ Regulation of working hours: Cases where working hours become an issue
⑥Harassment
⑦ Worker safety and health
⑧Corporate Order and Discipline
9. Whistleblowing
10. Termination of employment contract: resignation, dismissal, etc.
⑪ Dealing with labor unions and unfair labor practices
⑫ Labor management during the COVID-19 pandemic (teleworking, staggered work hours, worker safety considerations, etc.)

Part 3: Corporate Risk Management and Compliance (2)

① Personal Information Protection Act　
②Criminal law (also note US law)
③Intellectual property law (patents, copyrights, trademarks, designs), Unfair Competition Prevention Law
4Antimonopoly Act, Subcontract Act
⑤Environmental legislation and waterway conservation; Oil Liability Act (pollution damages and wreck removal), etc.
⑥Business regulations: transport companies, forwarders, logistics companies, warehousing companies, insurance companies, surveyors, brokers, consultants, etc.
⑦Things to be aware of when starting a new business: Businesses that use platforms to connect customers, etc.
⑧Dealing with antisocial forces
9. Corporate social responsibility: ESG, SDGs, etc.

Part 4: Revision of seafarers' employment rules in light of amendments to the Seafarers Act and court decisions

The significance and role of work regulations　
Effect of work regulations
Procedures related to work regulations
Points to consider when revising work regulations
Revision of work regulations in light of amendments to the Seafarers Act
Revision of work rules based on court decisions
Explanation of the Model Seafarers' Work Rules and Cautions for Use

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[Transportation, Warehousing, Forwarders, Bills of Lading and Sea Waybills] Series 2

This is something you can listen to whether you are involved in domestic or international shipping.

Part 1: Rights, obligations and legal regulations of land transportation, transportation handling, brokerage, agency and warehousing businesses

①Rights, obligations and legal regulations of land transporters: Truck Transport Business Law
②Rights, obligations and legal regulations of ocean carriers
③Rights, obligations and legal regulations of forwarding agents
4. Rights, obligations and legal regulations of intermediaries
⑤Agency rights, obligations and legal regulations
⑥Rights, obligations and legal regulations of warehouse operators: Warehousing Business Act
2024. Logistics problems in XNUMX

Part 2: Maritime contract of carriage and bill of lading (1)

①Transportation contract
2. Carrier's obligations: Seaworthiness, loading, voyage, discharge, delivery
3) Carrier's liability: fixed amount compensation, high value goods, statute of limitations
④ Shipowners' Liability Limitation Act
⑤ International Maritime Carriage of Goods Law: prohibition of special contracts, FIOST, package kilometre limit, exemption from liability for maritime negligence, fire on board ships, reduced burden of proof
⑥Container handling: LCL and FCL

Part 3: Maritime contract of carriage and bill of lading (2)

① Representative clauses in the contract: Demise Clause, Himalaya Clause, FIOST Clause, Statute of Limitations, Clause of Non-Knowledge, Applicable Law and Jurisdiction, Clause Paramount, Ingestion Clause, General Average Clause, New Jason Clause, Both-to-Blame Collision Clause, Liberty, Abandon, Deviation
②Nature and types of Bill of Lading
③Nature and types of waybills
4Surrender BL, Captain's Consignment BL
⑤Difference Between Bill of Lading and Sea Waybill
⑥Who is the obligor and who is the carrier?
⑦Accident response and risk management
⑧Positioning of logistics and trading companies
⑨Demurrage due to long-term container stagnation
⑩ Case study: Using the Suez Canal grounding incident as a subject

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[Time Charter] 3rd Series

The explanation compares British law with Japanese law, so it can be enjoyed by both oceangoing and domestic shipping companies.

Part 1: What is a Time Charter?

Part 1 Basic Understanding

① Nature of time charter party
2. Comparison with Bareboat Charter and Voyage Charter
3) Basic principles regarding the division of roles between shipowners and charterers
4) Basic principles regarding cost sharing between shipowners and charterers
5) Dealing with claims in the chartering chain

Part 2: Points to note when entering into a contract

⑤ Who is the person authorized to sign the contract, the agent, or the contracting party?
⑥When the contract is concluded and claims for damages in the event of non-conclusion of the contract
⑦The purpose of contracts
8. Matters to be aware of and confirmed before entering into a contract

Part 3: Interpretation of Contractual Provisions

9. Methods and procedures for interpreting time charterparty clauses
10. Regarding various formats such as NYPE, Shelltime, and Shipping Exchange Forms

Part 2: Shipowner's Obligations and Responsibilities

① Display of vessel specifications and performance
2. Speedy claims
③Seaworthiness of the vessel
④Handling of ratings such as RightShip
⑤ Ship maintenance
⑥Safety of navigation
⑦ Rapid navigation

Part 3: Shipowner's Rights

① Nature of the hire
②Dealing with non-payment of charter hire or requests for reduction
③Withdrawal of the vessel
4Claims for damages when a charterparty is terminated for non-payment
⑤Off hire: Set off with charter fee
⑥Collection of charter hire (lien, enforcement of lien, etc.)
7. Response in the event of the other party's bankruptcy

Part 4: Charterers' Rights, Obligations and Responsibilities

1) Content and scope of the charterer's employment
② Indemnity by charterers
3) Safe port
④Time and place of delivery
⑤Time and place of return, early redelivery issues

Part 4, Part 2: Cargo Handling

① Division of responsibilities between shipowner and charterer regarding cargo handling
②Dealing with cargo claims
③Inter-Club agreement
4. Issues related to the issuance of bills of lading

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[Voyage Charter] 4th Series

The explanation compares British law with Japanese law, so it can be enjoyed by both oceangoing and domestic shipping companies.

Part 1: Voyage Charter (1)

① Nature of voyage charter party
2. Comparison with time charterparty and bareboat charterparty
3) Relationship with the Commercial Code and the International Maritime Carriage of Goods Act
4) Division of roles and responsibilities between shipowners and charterers
⑤Gencon, Asbatankvoy, Japan Shipping Exchange (JSE) formats, etc.
⑥Disclaimer and Liability for Damages
⑦Seaworthiness
8. Freight: Various payment terms, offsetting

Vol. 2 Voyage Charter (2)

① Vessel delays and deviations
②Laytime and demurrage
③ Sailing to the port of loading (approach voyage)
④Laytime count
⑤Handling Notice of Readiness, arrived ships, congestion, etc., and whether to designate a berth or a port
⑥Ready to load or discharge
⑦Whether in berth or not, etc.
⑧ Sharing of responsibilities in loading and unloading
⑨FIOST clause　

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【2025.1.15】