Vessel Management Agreement for India

Vessel Management Agreement Template for India

A comprehensive legal agreement governed by Indian maritime law that establishes the relationship between a vessel owner and a professional ship management company. The agreement delegates operational, technical, and/or commercial management responsibilities of a vessel to the management company while defining the scope of services, duties, liabilities, and compensation structure. It ensures compliance with Indian shipping regulations, including the Merchant Shipping Act, 1958, and incorporates international maritime conventions as adopted by Indian law.

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What is a Vessel Management Agreement?

The Vessel Management Agreement is essential for ship owners who wish to delegate the day-to-day operations and management of their vessels to professional management companies in India. This agreement type is commonly used when vessel owners lack the expertise or infrastructure to manage vessels internally, or when they wish to optimize operational efficiency through professional management. The agreement, governed by Indian maritime law, covers crucial aspects such as technical management, crew management, commercial operations, regulatory compliance, and financial administration. It must align with Indian shipping regulations, particularly the Merchant Shipping Act, 1958, while also considering international maritime conventions that India has adopted. The document is particularly important given India's growing maritime sector and the increasing complexity of vessel operations and regulatory requirements.

What sections should be included in a Vessel Management Agreement?

1. Parties: Identification of the vessel owner and the vessel management company with full legal details

2. Background: Context of the agreement, including vessel details and purpose of the management arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Duration: Formal appointment of the manager and term of the agreement

5. Manager's Obligations: Core responsibilities and duties of the vessel manager

6. Technical Management: Specifications for maintenance, repairs, and technical operations

7. Crew Management: Requirements for crew recruitment, training, and management

8. Commercial Management: Parameters for commercial operation of the vessel

9. Insurance Arrangements: Required insurance coverage and management of insurance matters

10. Financial Management: Budget management, accounting, and financial reporting requirements

11. Manager's Authority: Scope and limitations of manager's decision-making power

12. Owner's Obligations: Responsibilities and duties of the vessel owner

13. Management Fee: Fee structure, payment terms, and additional costs

14. Compliance and Regulations: Obligations regarding maritime laws and regulations

15. Liability and Indemnity: Allocation of risks and responsibilities between parties

16. Termination: Conditions and procedures for ending the agreement

17. Force Majeure: Provisions for unforeseen circumstances and their handling

18. Confidentiality: Protection of sensitive information and trade secrets

19. Dispute Resolution: Procedures for handling disputes and jurisdiction

20. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

What sections are optional to include in a Vessel Management Agreement?

1. Environmental Management: Additional provisions for vessels requiring specific environmental compliance measures

2. Special Operations: For vessels with specialized operations such as offshore support or research

3. ISM Code Compliance: Detailed provisions for International Safety Management Code compliance

4. Vessel Security: Additional security measures for high-risk areas or specialized cargo

5. Dry-Docking Management: Specific provisions for managing dry-docking operations

6. Sub-contracting: Terms for allowing and managing sub-contracted services

7. Performance Metrics: Specific KPIs and performance measurement criteria

8. Change of Control: Provisions dealing with ownership changes of either party

What schedules should be included in a Vessel Management Agreement?

1. Schedule 1 - Vessel Particulars: Detailed specifications of the vessel(s) under management

2. Schedule 2 - Management Services: Detailed scope of services to be provided by the manager

3. Schedule 3 - Budget and Financial Terms: Annual budget, fee structure, and payment details

4. Schedule 4 - Key Personnel: List of key management personnel and their responsibilities

5. Schedule 5 - Insurance Requirements: Detailed insurance specifications and coverage requirements

6. Schedule 6 - Compliance Checklist: List of regulatory requirements and compliance procedures

7. Schedule 7 - Emergency Response Procedures: Detailed procedures for various emergency scenarios

8. Appendix A - Power of Attorney: Standard form of power of attorney for manager's authority

9. Appendix B - Reporting Templates: Standard forms for various required reports

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Maritime Transportation

Shipping

Offshore Services

Port Operations

Marine Logistics

Ship Management

Maritime Trade

Vessel Chartering

Maritime Support Services

Marine Insurance

Relevant Teams

Legal

Operations

Marine Operations

Technical

Commercial

Finance

Compliance

Risk Management

Quality Assurance

Contract Management

Fleet Management

Crewing

Insurance

Technical Support

Maritime Administration

Relevant Roles

Maritime Director

Fleet Manager

Technical Superintendent

Crewing Manager

Operations Manager

Commercial Manager

Legal Counsel

Compliance Officer

Ship Manager

Port Captain

Marine Superintendent

Chief Financial Officer

Risk Manager

Quality Assurance Manager

Technical Director

Vessel Manager

Contract Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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