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Archive for July 2019

Contracts of affreightment

!DOCTYPE html> Chapter 15 Contracts of affreightment Paul Herring* 15.1 Introduction In a world where the carriage of goods by sea has become more sophisticated there are many different types of contracts which are designed to be used either directly or indirectly for the purposes of carrying goods, commodities, energy sources . . . Read more

Charterparties and the modern law of penalties

On the other hand: (d) It is no obstacle to the sum stipulated being a genuine pre-estimate of damage, that the consequences of the breach are such as to make precise pre-estimation almost an impossibility. On the contrary, that is just the situation when it is probable that pre-estimated damage was . . . Read more

Clauses paramount

!DOCTYPE html> Chapter 13 Clauses paramount Professor Yvonne Baatz* 13.1 Introduction A clause paramount may be inserted in both a charterparty and in any bill of lading issued under that charterparty. The original purpose of a clause paramount was to make sure that the Hague Rules,1 which were intended to apply . . . Read more

Delay and demurrage in tanker charters

* Institute of International Shipping and Trade Law, Swansea University. 1The precursor of ASBATANKVOY was the Essovoy 1969 form, subsequently the Exxonvoy 1969 form. This was succeeded in 1974 by the STBVOY form, as the result of a formal request by EXXON. Some brokers considered that the STBVOY form, which . . . Read more

A continental perspective on the interpretation of voyage charterparties by arbitrators: the example of the SYNACOMEX charter

!DOCTYPE html> Chapter 9 A continental perspective on the interpretation of voyage charterparties by arbitrators The example of the SYNACOMEX charter Professor Dr Olivier Cachard* 9.1 Introduction A traveller wandering in the French countryside can figure out that very little has changed in the last two centuries. Landscapes still evoke fields . . . Read more