Ship Management Agreement


    This agreement defines the roles and responsibilities of the organization without its own legal personality (partnership) and the aforementioned tax sponsorship organization (sponsor). CREWMAN B (Lump sum) 2009 is a standard crew management agreement, in which managers routinely deliver the crew as a crew sponsor and employer to the ships. The last edition of this contract is CREWMAN B (Lump sum) 2009. The copyright of CREWMAN B (Lump sum) 2009 is available at BIMCO. LAYUPMAN is a standard contract for the transfer of ships. Owners designate administrators to perform services related to the installation of the vessel as an agent for and on behalf of the owners. The last edition of this contract is LAYUPMAN, issued in 2011. The copyright of LAYUPMAN is BIMCO. Another important consideration is the direction of skills. The legislative and regulatory provisions contained in the Vessel Management Agreement should, where possible, be aligned with similar provisions in related contracts, such as charter parties and related joint venture agreements or joint enterprise agreements, with management characteristics. For example, if the corresponding investment agreements, joint venture or charter agreements for the managed fleet are subject to U.S. law and New York arbitration, it makes no sense to choose English law and London arbitration for SHIPMAN 2009, as consolidation of arbitration procedures becomes almost impossible in such circumstances and increases the potential for inconsistent outcomes.

    5. Director`s Responsibility and Compensation The degree of risk and liability that the director must assume with respect to the benefits to be provided is a frequent point of disagreement. The philosophy displayed by the authors of the SHIPMAN standardized forms was to “spread the responsibility among owners and managers on the basis that owners should not be in a better position than they would have been if they had managed the vessel for themselves.” 18 In keeping with this philosophy, SHIPMAN 2009 is resolutely pro-manager in its approach to risk and liability allocation. Such an approach is not necessarily in the interest of investor owners who entrust their vessels to third-party managers and rely heavily on their judgment, skills and experience. The model shipbuilding control agreement, dubbed Superman, clearly defines the obligations and obligations of ship managers in providing control services for a new construction project.