Risk management of logistics in Africa

Risk management of logistics in Africa Peter Lamb

Director

Norton Rose Fulbright South Africa Inc

6 September 2017

Risk management of logistics in Africa – 06 09 17 2

Risks in a legal context

Main issues

Risk management of logistics in Africa – 06 09 17

Contract of sale

Logistics contract

Banking/Finance

Insurance

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Contract of sale

• Passing of risk

• Ownership

• Obligations

• Liabilities


Logistics contract

• Form (Charter party, bill of lading) or common law?

• Obligations

• What are the risks and who bears these?


Banking/Financing

• How is payment going to be made?

• Is payment linked to the logistics arrangement?


Insurance

• To what extent can risks be passed on to their underwriter?

• Credit guarantee insurance;

• GIT insurance;

• To Liability insurance

• Who is the carrier


Risk assessment

• In each case you have to look at the various risks and consider the risk from:

– The point of view from the seller

– The point of view from the buyer

– The point of view from the banker/financer

– The point of view from one or more of the logistics service providers

– The point of view from the underwriter

• Each angle we help you to develop the risk matrix


What informs those points:

• Who is instructing you?

• Nature of cargo

• Types of carriage/storage/distribution

• Geography

• International conventions and local laws

• Costs

• Dispute resolution



International

Risk management of logistics in Africa – 06 09 17

Latin America

Bogotá

Caracas

Mexico City

Rio de Janeiro

São Paulo

* associate office

** alliance

Africa

Bujumbura**

Cape Town

Casablanca

Dar es Salaam

Durban

Harare**

Johannesburg

Kampala**

Nairobi**

Middle East

Abu Dhabi

Bahrain

Dubai

Riyadh*

Asia Pacific

Bangkok

Beijing

Brisbane

Hong Kong

Jakarta*

Melbourne

Port Moresby (Papua New Guinea)

Perth

Shanghai

Singapore

Sydney

Tokyo

Central Asia

Almaty

Europe

Amsterdam

Athens

Brussels

Frankfurt

Hamburg

Istanbul

London

Luxembourg

Milan

Monaco

Moscow

Munich

Paris

Piraeus

Warsaw

Canada

Calgary

Montréal

Ottawa

Québec

Toronto

Vancouver

USA

Austin

Dallas

Denver

Houston

Los Angeles

Minneapolis

New York

San Antonio

San Francisco

St Louis

Washington DC

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Disclaimer

Norton Rose Fulbright US LLP, Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP and Norton Rose Fulbright South Africa Inc are separate legal entities and all of them are members of Norton Rose Fulbright Verein, a Swiss verein. Norton Rose Fulbright Verein helps coordinate the activities of the members but does not itself provide legal services to clients.

References to ‘Norton Rose Fulbright’, ‘the law firm’ and ‘legal practice’ are to one or more of the Norton Rose Fulbright members or to one of their respective affiliates (together ‘Norton Rose Fulbright entity/entities’). No individual who is a member, partner, shareholder, director, employee or consultant of, in or to any Norton Rose Fulbright entity (whether or not such individual is described as a ‘partner’) accepts or assumes responsibility, or has any liability, to any person in respect of this communication. Any reference to a partner or director is to a member, employee or consultant with equivalent standing and qualifications of the relevant Norton Rose Fulbright entity.

The purpose of this communication is to provide general information of a legal nature. It does not contain a full analysis of the law nor does it constitute an opinion of any Norton Rose Fulbright entity on the points of law discussed. You must take specific legal advice on any particular matter which concerns you. If you require any advice or further information, please speak to your usual contact at Norton Rose Fulbright.

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Risk management of logistics in Africa

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