Time Charterparties

Girvin, Professor Stephen

doi:10.1093/law/9780199589913.003.0033

Carriage of Goods by Sea (2nd Edition)

Professor Stephen Girvin

https://doi.org/10.1093/law/9780199589913.001.0001

Published:

07 July 2011

Online ISBN:

9780191781506

Print ISBN:

9780199589913

- Copyright Page
  - Notes
  - Notes
- Acknowledgements
  - Notes
  - Notes
- Preface
  - Notes
  - Notes
- Abbreviations
  - Notes
  - Notes
- Table of Cases
  - Notes
  - Notes
- Tables of Legislation
  - Notes
  - Notes
- 1 The Business of Carriage of Goods
  - Notes
  - Notes
- Notes
- Notes
- Notes
- Notes
- Notes
- Notes
- 31 Voyage Charterparties
  - Notes
  - Notes
- 32 Laytime and Demurrage
  - Notes
  - Notes
- - A. Introduction A. Introduction
    - Overview Overview
    - Voyage planning Voyage planning
  - B. The NYPE 93 Charterparty B. The NYPE 93 Charterparty
    - Background Background
    - Typical clauses Typical clauses
  - C. The Shelltime 4 Charterparty C. The Shelltime 4 Charterparty
    - Introduction Introduction
    - Standard clauses Standard clauses
  - D. Description of the Vessel D. Description of the Vessel
    - Importance Importance
    - Name Name
    - Nationality Nationality
    - Class on the register Class on the register
    - Speed and fuel consumption Speed and fuel consumption
    - ‘In good weather conditions’ ‘In good weather conditions’
    - Legal effect Legal effect
    - Continuing obligation Continuing obligation
    - Better performance Better performance
    - Burden of proof Burden of proof
    - Cargo capacity Cargo capacity
    - Nature of the obligation Nature of the obligation
    - Carrying capacity Carrying capacity
    - Accuracy Accuracy
    - Effect of breach Effect of breach
  - E. Delivery E. Delivery
    - Background Background
    - Time for delivery Time for delivery
    - Breach of contract Breach of contract
    - Obligation not absolute Obligation not absolute
    - Cancellation for non-delivery Cancellation for non-delivery
    - Breach Breach
    - Timing of cancellation Timing of cancellation
    - Place and moment of delivery Place and moment of delivery
    - Bunkers on delivery Bunkers on delivery
    - Cost of bunkering Cost of bunkering
    - Bunker estimate Bunker estimate
  - F. Period of Hire F. Period of Hire
    - Introduction Introduction
    - Standard duration clauses Standard duration clauses
    - The period elaborated The period elaborated
    - Clauses for a simple period and ‘about’ Clauses for a simple period and ‘about’
    - No margin or allowance No margin or allowance
    - Minimum and maximum period Minimum and maximum period
    - ‘More or less’ ‘More or less’
    - ‘Without guarantee’ ‘Without guarantee’
    - Option to renew Option to renew
    - The final terminal date The final terminal date
    - Final voyage orders: ‘legitimate orders’ Final voyage orders: ‘legitimate orders’
    - Final voyage orders: ‘illegitimate orders’ Final voyage orders: ‘illegitimate orders’
    - Consequences of early redelivery: underlap Consequences of early redelivery: underlap
    - Damages: the principles Damages: the principles
    - Premature repudiation: reliance losses Premature repudiation: reliance losses
    - Mitigation of loss Mitigation of loss
    - Consequences of late redelivery: overlap Consequences of late redelivery: overlap
    - Approach confirmed Approach confirmed
    - Damages: The Achilleas Damages: The Achilleas
    - Analysis Analysis
    - Penalty clauses Penalty clauses
  - G. Payment for Hire G. Payment for Hire
    - Background Background
    - Payment in cash Payment in cash
    - Payment orders Payment orders
    - Telex transfers Telex transfers
    - Payment in advance Payment in advance
    - Overpayment of hire Overpayment of hire
  - H. The Off-Hire Clause H. The Off-Hire Clause
    - Background Background
    - Burden on the charterer Burden on the charterer
    - Other (similar) causes Other (similar) causes
    - Seizure or detention Seizure or detention
    - Security detention Security detention
    - Independent of breach Independent of breach
    - Period vessel off-hire Period vessel off-hire
    - Period off-hire and cancellation Period off-hire and cancellation
    - Types of clause Types of clause
    - Period clauses Period clauses
    - Net loss Net loss
    - Effect of the operation of the off-hire clause Effect of the operation of the off-hire clause
  - I. Deductions from Hire I. Deductions from Hire
    - Background Background
    - Self-help Self-help
  - J. Right to Withdraw for Non-Payment of Hire J. Right to Withdraw for Non-Payment of Hire
    - Background Background
    - Anti-technicality clauses Anti-technicality clauses
    - Interpretation of anti-technicality clauses Interpretation of anti-technicality clauses
    - Notice under the anti-technicality clause Notice under the anti-technicality clause
    - Requirements for exercise of right of withdrawal Requirements for exercise of right of withdrawal
    - Timing of hire payments Timing of hire payments
    - Waiver of right to withdraw Waiver of right to withdraw
    - Acceptance of part of the hire due Acceptance of part of the hire due
    - Grace periods Grace periods
    - Possible bars to exercise of the right of withdrawal Possible bars to exercise of the right of withdrawal
    - Previous late payments Previous late payments
    - Equitable relief Equitable relief
    - Effect of exercise of right to withdraw Effect of exercise of right to withdraw
  - K. Employment and Agency Clause K. Employment and Agency Clause
    - Background Background
    - Employment of the ship Employment of the ship
    - Master’s reasonable duty Master’s reasonable duty
    - Master’s duty and potential peril Master’s duty and potential peril
    - Voyage orders Voyage orders
    - The indemnity principle The indemnity principle
    - Extent of the indemnity Extent of the indemnity
    - Implied indemnities Implied indemnities
    - Types of claims indemnified Types of claims indemnified
    - Direct consequences Direct consequences
    - Vicarious liability Vicarious liability
    - Agency Agency
    - Issuing and signing bills of lading Issuing and signing bills of lading
    - Inconsistencies Inconsistencies
    - Indemnity where clean bills of lading signed Indemnity where clean bills of lading signed
  - L. Liability for Loss or Damage to Cargo L. Liability for Loss or Damage to Cargo
    - Background Background
    - Cargo handling Cargo handling
    - Limits of clauses Limits of clauses
    - Deck cargoes Deck cargoes
  - M. The Inter-Club Agreement M. The Inter-Club Agreement
    - Background Background
    - Origins Origins
    - The scheme of the Agreement The scheme of the Agreement
    - Claims under the Agreement Claims under the Agreement
    - Applicability Applicability
    - Apportionment Apportionment
    - Legal character Legal character
    - Time bars and the relationship with the Hague Rules Time bars and the relationship with the Hague Rules
    - Seaworthiness and the Agreement Seaworthiness and the Agreement
    - Documents and the Agreement Documents and the Agreement
    - Legal costs and the Agreement Legal costs and the Agreement
    - Short delivery claims Short delivery claims
    - Condensation damage Condensation damage
    - Differences between versions Differences between versions
    - Properly settled claims Properly settled claims
    - Time bars Time bars
  - N. Redelivery of the Vessel N. Redelivery of the Vessel
    - The general principle The general principle
    - Redelivery ports Redelivery ports
    - Notice of redelivery Notice of redelivery
    - Breach Breach
    - Obligation to redeliver Obligation to redeliver
    - Assessment of damages Assessment of damages
    - No damages for shipowners’ defective maintenance No damages for shipowners’ defective maintenance
    - Ancillary costs Ancillary costs
  - Notes
  - Notes
- Notes
- 34 Frustration
  - Notes
  - Notes
- 35 Limitation Periods
  - Notes
  - Notes
- Notes

Chapter

33 Time Charterparties

Get access

https://doi.org/10.1093/law/9780199589913.003.0033

Pages

600–688

Published:

07 July 2011

Extract

Introduction

Overview

The essence of the time charterparty is that it is a contract between a shipowner and a charterer for the hire of a manned ship, for an agreed period of time.¹ In this chapter we consider the scope of time charterparties in detail.² A considerable part of the world shipping fleet sails on the time charter basis, typically because large oil companies are accustomed to adding to their own fleets without the necessity of incurring the risks and burdens of ship ownership and operation in the long term. A further reason for their comparative popularity compared with voyage charterparties is that time charterparties are sometimes coupled with rather sophisticated hire provisions for financing the purchase and operation of ships. Then, there is also the fact that many first shipping ventures are based on speculative short-term time charters. It is suggested that this is because shipowners are familiar with the devices which may have to be utilized by a charterer in default of hire payment, perhaps because he has been undone by an unexpected freight market movement against him. We begin with an outline of the NYPE 93 charterparty and the Shelltime 4 charterparty,³ although other leading forms include Baltime 1939⁴ and the new BIMCO Gentime form.

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Contents

33 Time Charterparties

Extract

Introduction

Overview

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Contents

33 Time Charterparties

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Introduction

Overview

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