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    Tag: Charterparty

    Demurrage or detention? Agreement for vessel to wait mid-voyage.

    What is the nature of a claim for compensation when the parties to a sale contract agree that the vessel shall wait for orders mid voyage? Demurrage,… Read more “Demurrage or detention? Agreement for vessel to wait mid-voyage.”

    9 May, 2018 by johnbertell

    NEW BARECON 2017 CALCULATES FUTURE TRENDS

    In December 2017 BIMCO published the new version of its bareboat charter form, BARECON. The new leaner version of the contract, introduces a formula for calculating a… Read more “NEW BARECON 2017 CALCULATES FUTURE TRENDS”

    11 January, 2018 by johnbertell

    Incorporating charterparty terms into bills of lading: don’t get caught out!

    The issue of incorporation of charterparties into bills of lading is debated by the English courts on a fairly frequent basis; most recently in the Anna Bo… Read more “Incorporating charterparty terms into bills of lading: don’t get caught out!”

    23 May, 2017 by johnbertell

    My charterer has threatened to cut my charter rate, despite the charterparty not allowing for this. What damages can I claim if I refuse their request and they walk away from the charter?

    The usual ‘rule of thumb’ measure of damages for a charterer’s repudiatory breach of a charterparty is the difference between the hire that you would have earned… Read more “My charterer has threatened to cut my charter rate, despite the charterparty not allowing for this. What damages can I claim if I refuse their request and they walk away from the charter?”

    27 February, 2017 by johnbertell

    Container Demurrage – When The Clock Stops Ticking

    A decision of the Court of Appeal in August 2016 has provided clarification on a question which has been troubling carriers and cargo interests alike – when… Read more “Container Demurrage – When The Clock Stops Ticking”

    15 November, 2016 by johnbertell

    Does A Shipowner Have To Sell Its Ship In Order To Mitigate Its Loss?

    The greatly anticipated Supreme Court judgment on the New Flamenco is due to be heard later this year. The decision will address principles of mitigation and the… Read more “Does A Shipowner Have To Sell Its Ship In Order To Mitigate Its Loss?”

    14 November, 2016 by johnbertell

    Meaning of “Tropical Waters”

    In Bottom Fouling Clauses Many time charters contain clauses dealing with bottom fouling/cleaning required when the vessel has been in port for more than a specified period.… Read more “Meaning of “Tropical Waters””

    19 May, 2016 by johnbertell

    Benefits arising from the sale of a vessel can reduce claim for repudiation

    The Court of Appeal holds that benefit arising from the sale of a vessel can reduce claim for repudiation of charterparty. In Fulton Shipping Inc. of Panama… Read more “Benefits arising from the sale of a vessel can reduce claim for repudiation”

    12 January, 2016 by johnbertell

    BIMCO Announces Major Revision of NYPE Time Charter

    BIMCO, ASBA and the SMF have consulted with the industry globally during the development of the new edition of NYPE to gather a clear picture of commonly… Read more “BIMCO Announces Major Revision of NYPE Time Charter”

    20 October, 2015 by johnbertell

    Spotlight on Cargo Fumigation in New BIMCO Clause

    A new BIMCO clause provides a clear allocation of responsibility and costs relating to fumigation operations and brings awareness to the safe handling of fumigants on board… Read more “Spotlight on Cargo Fumigation in New BIMCO Clause”

    22 September, 2015 by johnbertell

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