The guide to Superyacht law - Fourth edition

What should I expect from the management agreement? • An adapted version of the standard BIMCO Shipman 2009 is a good place to start • Do they have professional indemnity insurance in place? It is advisable to have it and for superyacht owners to request it • Limitation of liability – get the relevant clauses or disclaimers carefully reviewed to ensure the manager’s liability is not limited beyond what is standard or reasonable • Terms of the contract and termination provisions – ensure you are not locked into a contract for longer than you aim to be • Governing law and dispute resolution are also important. Advice from a local lawyer is advisable CREWING MATTERS The crew is part of a global workforce increasingly deployed andmanaged through a network that links owners, managers and labour-supply agencies. It is important to ensure compliance, as the crew is central to the successful operation of the superyacht. What protection is there for the crew? • The employment contract will set out the crewmembers’ contractual rights. Further mandatory employment rights, for example protection against dismissal, may also be afforded to them • There is no model contract, however, certain flags require contracts to be approved by their relevant authorities. For example, UK flagged superyachts require contracts to be approved by the MCA What jurisdiction will govern a dispute? • The express election of jurisdiction and choice of law in the contract is one factor. However, either party may be able to challenge this on a number of grounds, such as where the crewmember carried out his or her duties, and where the owner is based

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