Widely regarded as the leading authority on voyage charters, this book is the most comprehensive and intellectually-rigorous analysis of the area, is regularly cited in court and by arbitrators, and is the go-to guide for drafting and disputing charterparty contracts.
Voyage Charters provides the reader with a clause-by-clause analysis of the two major charterparty forms: the Gencon standard charterparty contract and the Asbatankvoy form. It also delivers thorough treatment of COGSA and the Hague and Hague-Visby Rules, a comparative analysis of English and United States law, and a detailed section on arbitration awards.
This book is an indispensable, practical guide for both contentious and non-contentious shipping law practitioners, and postgraduate students studying this area of law.
Autorentext
TIMOTHY YOUNG
Gray's Inn, One of Her Majesty's Counsel
MICHAEL ASHCROFT
Gray's Inn, One of Her Majesty's Counsel
ANDREW TAYLOR
London Solicitor, Reed Smith Professor
LEROY LAMBERT
Principal, Lambert Alternative Dispute Resolution LLC; President, Society of Maritime Arbitrators, 2021
DAVID W. MARTOWSKI
Arbitrator and Mediator. Former President of the Society of Maritime Arbitrators and currently serves on its Board of Governors
JOHN D. KIMBALL
Partner in Blank Rome LLP and an Adjunct Professor at New York University Law School
JULIAN COOKE
Lincoln's Inn, Barrister
MICHAEL STURLEY
Professor, University of Texas at Austin
Inhalt
SECTION I: GENERAL PRINCIPLES AND GENCON CHARTER
Chapter 1: Formation and Terms of the Charter
FORMATION OF THE CHARTER
Types of charter
CONCLUDING A BINDING AGREEMENT
Matters which must be agreed if the contract is not to be unworkable or void for uncertainty
The parties' intention to contract
"Subject to contract"
"Subject to details" and similar expressions
"Subject to logical amendments/alterations"
"Subject to survey"
"Subject to stem"
"Subject to satisfactory completion of two trial voyages"
"Fixed in good faith"
Other "subjects"
LAW GOVERNING THE CHARTER
Governing law chosen by the parties
1. Express choice of governing law
"Floating governing law clauses"
2. Choice of law "clearly demonstrated by the terms of the contract or the circumstances of the case"
(a) Use of a standard form known to be governed by a particular system of law
(b) Course of dealing between the same parties
(c) Express choice of forum
(d) Reference to certain provisions of a system of law, without an express general choice of that law
Other indications of a choice of law
Where the parties have made no choice of governing law
The role of the governing law
Procedural law - limitation of shipowners' liability
ILLEGALITY OF THE CONTRACT OF AFFREIGHTMENT
MISTAKE
1. Mistake as to underlying circumstances
2. Mistake as to the parties, subject matter or other terms
Parties
Subject matter
Terms of the contract
Rectification
MISPREPRESENTATION
Revision for misrepresentation
Damages for misrepresentation
Representation - a term of the contract
OTHER VITIATING FACTORS: DURESS AND BRIBERY
Duress and the conflict of laws
THE TERMS OF THE CHARTER
Express terms
Interpretation of charterparty terms
The general principle of interpretation
Circumstances in which external evidence is admissible as an aid of interpretation
Other more specific guidelines for interpretation
Implied terms
Implied obligations of the owner
Implied obligations of the charterer
Classification of terms
1. Conditions
2. Warranty
3. Intermediate term
Affirmation
Bringing the charter to an end
Performance
Agreement
Accepted repudiation
Provision in the charter
Frustration
Chapter 2: Parties to the Charter
1. The basic rule: the identity of the parties depends on construction of the charter as a whole
Misnomer
Principal and agent
Decisions on construction
2. Real principal can sue and be sued
When the terms of contract exclude intervention of another person as principal
When the agent is the real principal
Election to sue agent or principal
3. Authority of agents
Actual authority
Ostensible authority
Ratification
Warranty of authority
Mortgagees and purchasers
The effect of the charter on non-parties
"Piercing the corporate veil"
1. Liability as a party to the charter
2. Other cases
U.S. Law
Parties
Identification of owner or charterer
"Piercing corporate veils"
Piercing the corporate veil in arbitration
Piercing corporate veils in tort cases
Parties in interest
Consolidation in arbitration
Participation of non-signatories in arbitration
Consolidated class actions in arbitration
Chapter 3: Description of the Ship
Contractual effect of descriptive statements
Condition, warranty or intermediate term
When the ship must comply
Name of the vessel
Vessel "to be nominated"
Liberty to substitute
Chartered tonnage
Owners' right of transshipment
Registered tonnage
Deadweight and bale capacity
"About"
Classification
Oil major approvals and RightShip status
Flag and nationality
Condition of the vessel and her gear
Speed
Vessel's description in shipping register
"Without guarantee"
U.S. Law
Description of the ship
Vessel's name
Gross and net registered tonnage (GRT/NRT)
Cargo carrying capacity
Vessel's flag
Classification Society
Length
Arrival draft
"Air draft"
"WLTHC"
"Under keel clearance" ("UKC")
Present condition of tanks/holds
Shovel clean
Whether description of cranes implies they can work simultaneously
Suitable for grab discharge
"Self-discharging"
Sugar charters: non-compliance clauses
Chapter 4: Proceeding to the Loading Port
Introduction
1. The position of the vessel at the date of the charter
Statements as to the time when the vessel is to sail for the loading port
2. "Expected ready to load"
Reasonable grounds
"About"
3. The obligation to proceed to the loading port
The effect of an "expected ready to load" date or other charter indicia
Intermediate engagements
Conditions or intermediate term?
The effect of excepted perils
When and where does the approach voyage begin?
4. Post-fixture notices of expected time of arrival
GENCNO 1994
U.S. Law
Present position of vessel and expected readiness to load
"Expected Ready to Load (abt.)"
Proceeding to the loading port
Economic and Trade Sanctions
The ALKIMOS and US Sanctions Against Venezuela
Owner's Demand for Alternative Voyage Orders
The Parties' Contentions
Chapter 5: Loading and Discharging Ports, Places and Berths
"Port or place"
The identification and nomination of the port, place and berth<…