Skip to main content

CHARTERING - AN OVERVIEW, PART 1

Here's whats coming up in the Posts ahead on Marine Chartering,

+ Employment of Ship-Chartering Practice, an Overview
+ Voyage Charters
+ Time Charters
+ Demise or Bareboat Charters

Many Charter Parties (C/P's) allow trading with certain express exclusions of countries or places of increased risk. While this can change due to the 'winds of war' or political events there is a pretty standard list. Countries and places often excluded are,

Angola
Cuba
Ethiopia
Israel
Kampuchea
Burma/Myanmar
Lebanon
Libya
Namibia
North Korea
Orinoco
Persian/ Arabian Gulf
Somalia
South Africa
Syria
Vietnam
* South China Sea, certain islands due to conflicting sovereignty claims
* Horn of Africa, due highly active
piracy


Masters must therefore clarify, prior to the C/P signing, these possible exclusions due ever changing geopolitics. They must be clearly agreed too and stated in the C/P. Remember it is not necessary for charters to be in writing to be enforceable in Law.

There are further prohibitions on entering,

* Antarctic south of latitude 6o degrees South, due to MARPOL
* All offshore safety zones (EEZ) unless under a support vessel C/P.

Yachts are the greatest violators of these prohibitions and so should be particularly careful in their navigational practices.

The word 'charter' is used in maritime enterprises to identify a contract. The objective of which is to let/hire the use of a vessel for a specific purpose, called a Voyage Charter, or for a specified time, called a Time Charter. Disputes associated with such contractual arrangements are usually resolved by arbitration, if the parties agree, or in the civil courts in accordance with contractual law.
Each party to the agreement (C/P) must carry out their promises or be liable to pay compensation for any loss or damage caused by their failure to do so. It is irrelevant that any such failure was due to circumstances beyond the control of the party concerned, unless such circumstances were allowed for in the terms of the contract (C/P).
The country whose law will determine disputes arising out of a charter is a matter for agreement between the parties. It is clearly better to do this at the time the C/P is signed, when it becomes a term of the C/P, but it can be agreed to after a dispute arises. In the event of a failure to agree the matter will be resolved according to the principles of 'Private International Law'.


INFORMATIONAL ONLY AND NOT LEGAL ADVICE
Good Watch.

Comments

Popular posts from this blog

PERIGEAN SPRING TIDES

It sometimes happens that one is going to write a Post on a subject when lo and behold there is already an excellent one.  Such is the case today; so rather than repeat everything let me refer you to the source of that Post

At present we are experiencing Perigean Spring Tides which occur when the Moon is at perigee on its oval path that is the closest point to Earth.  One of the principal results are higher than usual Spring Tides as against the Neap Tides.

Should you be interested in the full explanation of this phenomenon then you might like to reference "Old Salt Blog" which has an excellent explanation of this event and uses all the correct terms - quite unlike our Media here in South Florida.

Good Watch.

SS EL FARO VDR TRANSCRIPT

NAUTICAL LOG has published Posts about this tragic ship sinking since the very first report of her loss.  Today the NTSB has released her VDR data in particular the Navigation Bridge voice recorder - it is not good.  This Post is compiled from multiple Media sources.

On October 01, 2015 the SS El Faro a freighter sank with all hands, 33 crewmembers lost their lives and no bodies were ever recovered though one was sighted by the USCG in a survival suit but not picked-up.  By an extraordinary search, resumed at the insistence of a U.S. Senator from the State of Florida, the VDR was found  and now after months of investigation some results have been released. 

The ship left Jacksonville, Fl. bound for San Juan, PR and sailed directly into the eye of a Category 4 hurricane named Joaquin.  Why the ship was where it was in the first place is a question yet to be fully answered but it seems that the Master was more focused on fuel consumption than plotting the path of the hurricane Joaquin an…

QUO VADIS SSS OCEAN WARRIOR ?

NAUTICAL LOG understood that the Sea Shepherd vessel Ocean Warrior had sailed for the Southern Ocean however we have seen no news of her passage southwards.  Since she is a new vessel and in waters which are renowned for storms building up quite rapidly we wonder if all is well.  One suspects that is not due to the rampant publication of events by the SSS people on every occasion that they accomplish even the slightest act which they consider positive to their aims.

Marine Traffic status:  43° 37'45 S.  147° 25' E.  course 257° @ 11 knots.  This position is south of Tasmania, Australia.

So it would be nice to know if Operation Nemesis is underway or has already become an SSS nemesis.  Continued safe passage and

Good Watch.