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1、Specialized English for Maritime Law,(spring term) *the notes below for reference,Section Six,Introduction to Contract of Carriage of Goods by Sea - John Wilson. Carriage of Goods by Sea (5 th., edition),Introduction,Contract of affreightment (in broad sense) a. charterparty / charter; or b. evidenc
2、ed by bills of lading (in narrow sense) - COA 包运合同 “ the long-term freighting contract”,Preparation Qs for Part One and Part Four of carriage chapter,typical examples of two basic forms of carriage charter? distinctions between the above two types of charter？ characteristics of the demise charterpar
3、ty？ rights, obligations and responsibilities of the time / voyage / bareboat charterer?,the Charterparty (C/P),Between shipowner and charterer Free from any statutory interference (principle of freedom of contract) Standard forms Additional clauses (rider clauses) shall prevail over standard clauses
4、,Review Qs,Meanings and forms of a contract of affreightment? Charateristics of charterparty law? Relationship between standard forms and additional clauses? Origins and advantages of standard forms? Why are many of the advantages of these standard forms lost?,Category of Charterparties 1.Voyage cha
5、rter (voy. c/p) Kinds: single / return / consecutive nature: carriage charter, not lease contract a typical example: cif seller,2.Time charter (Time C/P) Nature: controversial - carriage (wilson)? lease? both? Example: often used by carriers who wish to augment their fleet for a particular period of
6、 time without the expense of buying or running the vessel,“depending upon whether the vessel is chartered for one or more voyages or for a period of time. In both instances the shipowner retains control of equipping and managing the vessel and agrees to provide a carrying service. In the case of the
7、 voyage charter he undertakes to carry a cargo between specified points, whereas in a time charter he agrees to place the carrying capacity of his vessel at the disposal of the charterer for a specified period of time.”,3.Bareboat charter (demise C/P, C/P by Demise) Nature: lease of a vessel Example
8、: who wishes not only to supplement his fleet w/o the expense of buying the vessel but also to have full control of it Hire-purchase contract (by installment),“Whereas in an ordinary time charter the shipowner retains control over the operation of the vessel, under a demise charter the charterer dis
9、places the owner and, for the period of the lease, takes possession and complete control of the ship the charterer mans and equips the vessel acts as owner for the duration of the charter and is responsible for all expenses incurred in the operation of the vessel”,Thus, a liner Co. as a carrier may
10、be a shipower, a time charterer, or a bareboat charterer, etc.,4. COA (Contract of Affreightment) 包运合同 Means that : “ the long-term freighting contract under which the shipowner undertakes to transport specified quantities of a bulk product, such as coal or grain, between designated ports in a given
11、 time, using vessels of his own choice” 参海商法,5. TCT (Time Charter on Trip Basis)“the trip charter which consists of a time charter of a vessel for a specific cargo voyage. Instead of the fixed freight payable per unit of cargo on the completion of a voyage charter, this device ensures that the shipo
12、wner is paid hire for the entire time spent on the voyage until the cargo has been discharged at its destination. ” (daily charter) Reason: risk of delay - favorable to shipowner,6.Slot charter （箱位租船合同） “Slot charters are a comparatively new but, nonetheless, important development in the dry cargo c
13、ontainer trade. Dry cargo ships have been adapted for the carriage of container boxes in Twenty Foot or Equivalent Units (TEUs ) in “slots” or “cells”. Instead of chartering the whole or part of a specific vessel, a container operator will instead book a set number of TEUs on sailings by ships of a
14、particular operator.” - 2000 LMCLQ 129 Like voyage c/p (space),Two basic forms of carriage charter: a. Voyage charter; b. Time charter Hybrids: a. TCT (Time Charter on Trip Basis) b. consecutive voyage charter c. long-term freighting contract,Qs,typical examples of two basic forms of carriage charte
15、r? Characteristics of the demise charterparty？ In what circumstances is the demise charter suitable for use? “Hire-purchase” contract? Hybrids of two basic charter forms? Similarities and differences between the consecutive voyage charter and the long-term freighting contract？,Main distinctions betw
16、een v c/p and t c/p,distinctions between the above two basic types of charter？ Rights, obligations and responsibilities of the time / voyage / bareboat charterer? Whom will the risk of delay fall on (or Who shall bear the risk of delay) under time / voyage charter?,Two basic modes of shipping: liner
17、 shipping evidenced by bill of lading, which is issued after shipment Tramp to conclude a charterparty in advance,5. Liner carriers responsibility for loading, stowage(积载), tallying(理货), discharge, carriage, etc. without extra freight Tramp allocation of expenses of loading/discharging according to
18、contractual provisions 6. Liner no laytime / despatch / demurrage : “as fast as the ship can receive and deliver” Tramp laytime/despatch/demurrage (risk of delay),7. Liner freight, according to tariff(运价本) Tramp freight or hire, according to agreement which depends on the market & bargaining power /
19、 strength / position (议价能力) 8. Liner unequal bargaining power, mandatory / compulsory law Tramp equal bargaining power, principle of freedom of contract,Comparison between Various Modes of Ship Operation,I.Characteristics,II.Allocation of Ships Costs,A.Fixed costs （固定成本）： 1. Crew wages & provisions
20、伙食 2. Maintenance & repairs 3. Stores, supplies and equipment 4. Lubricating oil 润滑油 5. Fresh water 6. Insurance 7. Survey 8. Ordinary disbursements (Overhead charges)日常开支 9. Depreciation 折旧,B. Running costs（营运成本）: 10. Bunkers(fuel) costs 11. Port disbursements (port charges) 港口使费 12.loading/dischar
21、ge (stevedoring charges) 13. Clearing of holds 洗舱费 14. Dunnage 垫舱物料 15. Ballast 压载物 16. Brokerage & commissions 船舶代理费及经纪人佣金,* Subject to contractual provisions.,Terms for Allocation of Stevedoring Charges under Voy.C/P,Liner Terms / Gross Terms F.I. Free In F.O. Free Out F.I.O. Free In and Out F.I.O
22、.S.T. Free In and Out, Stowed and Trimmed . Lashed Dunnages 参海商法,III. Risk of Delay - i.e. causes (delays and hindrances) beyond the control of the parties - e.g. bad weather, congestion in port, adverse tides, engine trouble on the voyage or strikes of stevedores Q: Who bears the risk of delay under different types of c/ps? How can the risk of delay be shifted?,* for time lost due to circumstances which are attributable to the s/o or the vessel, such as engine failure or crew deficiencies. So time c/p is far more attractive to s/o. Q: how about TCT?,