Acclaimed as the standard reference work on the law relating to time charters, this new edition provides a comprehensive treatment of the subject, accessible and useful both to shipping lawyers and to shipowners, charterers, P&I Clubs and other insurers. It provides full coverage of both English and U.S. law, now updated with all the important decisions since the previous edition.
The English decisions covered in the new edition include:
- The Kos (the Supreme Court on the effect of withdrawing a ship with cargo on board);
- The Athena (nature of off-hire; meaning of 'loss of time’/'time thereby lost');
- The Kyla (damage to ship and frustration);
- The Silver Constellation, The Savina Caylyn and The Rowan (oil company approval of chartered ships);
- The Captain Stefanos, The Saldanha, The Triton Lark and The Paiwan Wisdom (effects of piracy);
- The Kildare and The Wren (damages for early termination);
- The T S Singapore (off-hire where ship going 'towards but not to' the port ordered), and
- The Lehmann Timber, The Bulk Chile and The Western Moscow (owners' liens)
The new edition also features many significant new U.S. decisions, including:
- Stolt-Nielsen v. Animal Feeds Intl. (Supreme Court rules class-action arbitration not permitted unless parties agree in arbitration agreement);
- ATHOS I (Circuit Court finds that safe berth provision in charterparty is a warranty and not merely a due diligence obligation);
- The M/V SAMHO DREAM (arbitrators direct petitioner to post $14.2M security on respondent’s counterclaim) and
- Maroc Fruit Board v. M/V VINSON (CP arbitration clause incorporated in bill of lading not "signed" or "contained in an exchange of letters or telegrams" under NY Convention).
Table of Contents
1. Formation of the Contract 2. Parties to the Contract 3. The Ship 4. Duration of the Charter 5. Trading Limits 6. Liberty to Sublet 7. Delivery 8. State of the Ship on Delivery 9. Lawful Merchandise 10. Safe Ports and Berths 11. Maintenance Clause 12. Charterers to Provide and Pay for 13. Bunkers 14. Computation of Time 15. Redelivery 16. Hire and Withdrawal 17. From when Time is to Count; Advances; Docks and Wharves; Spaces Available; Passengers 18. Utmost Despatch 19. Employment Clause 20. Loading, Stowing, Trimming and Discharging Cargo 21. Signing of Bills of Lading 22. Conduct of Officers; Supercargo; Sailing Directions; Log; Ventilation of Cargo 23. Options to Extend the Charter 24. Cancelling Clauses 25. Off-hire Clause 26. Frustration of Charter 27. Exceptions 28. Liberties 29. Arbitration 30. Liens 31. Salvage; General Average 32. Fuel for Owners’ Account 33. Drydocking; Gear; Crew Services 34. Carriage of Goods by Sea Act 35. Ice; Navigation; Insurance 36. Commissions 37. Shelltime 38. American Law Commentary on Tanker Time Charters based on STB Form
Terence Coghlin is a highly regarded author and leading authority in shipping law.
Julian Kenny and Andrew W. Baker QC, both of 20 Essex Street Chambers, are considered authorities in the area of shipping law.
John D. Kimball is a partner at Blank Rome LLP, New York. He is also the International and Maritime Litigation and ADR Practice group leader, and a member of the firm's Maritime Emergency Response Team.
Thomas H. Belknap, Jr is the Vice Practice Group Leader of Blank Rome LLP's International and Maritime Litigation/ADR practice group