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ISSN 2083-6473
ISSN 2083-6481 (electronic version)
 

 

 

Editor-in-Chief

Associate Editor
Tomasz Neumann
 

Published by
TransNav, Faculty of Navigation
Gdynia Maritime University
3, John Paul II Avenue
81-345 Gdynia, POLAND
www http://www.transnav.eu
e-mail transnav@am.gdynia.pl
A Consultative Approach to Charter Party Agreements Based on Virtual On Time Arrival
1 Per Mare Per Terras (PMPT) Limited, Newtown, United Kingdom
2 Oceanplus Limited, Newtown, United Kingdom
ABSTRACT: Charter Party agreements underpin the relationship between ship owners and charterers. The agreement guarantees the performance of a vessel in terms of speed and fuel consumption. On this basis the charterers plan the arrival of their cargo and their profit margin. However, ship performance is degraded by age, periods between maintenance and many vessels fail to perform as expected. Moreover the performance is only warranted during the specific conditions stated in the charter party which are not always clear. These usually refer to Beaufort Force (BF) and the Douglas Sea and Swell (DSS) scale which is archaic in the age of Numerical Weather Prediction. Given these conditions, the stage is set for conflict and there are often disputes over the weather conditions experienced. Moreover ships? often do not arrive on time because the charterer has assumed that the ship will make good its warranted speed and not taken account of the forecast weather conditions. The authors propose a new way of approaching charter agreements with the emphasis on consultation rather than confrontation facilitated by a new web based software platform.
REFERENCES
The Didymi 1998 2 Lloyd’s Law Report 108 (Didymi Corporation vs. Atlantic Lines and Navigation Inc.) The “Didymi” case
The Gas Enterprise 1993 2 Lloyd’s Law Report 352 (B.P. Shipping Ltd. vs. Exmar N.V.) The “Gas Enterprise” case.
Hyundai Merchant Marine Company Limited v Trafigura Beheer B.V. 2011. The “Gaz Energy” English Commercial Court: Flaux J: [2011] High Court of England and Wales 3108 (Comm) 29 November 2011 and English Commercial Court: Teare J: [2012] High Court of England and Wales 1686 (Comm): 21 June 2012]
CIMO Guide 7th Edition 2014. Guide to Meteorological Instruments and Methods of Observation, Chapter 4, para 4.2.2.13.1
https://www.wmo.int/pages/prog/amp/mmop/faq.html
Munk & Sverdrup 1947. Wind, Sea, and Swell: Theory of Relations for Forecasting, US Hydrographic Office Pub No. 601.
The American Practical Navigator (2002) (Bowditch, Pub. No.9). Chapter 32.
IMO MSC.1/Circ.1228 11 January 2007. Guidance to the Master on avoiding dangerous situations in adverse weather and sea conditions. 7-9
Citation note:
Davies H., Bevan S.: A Consultative Approach to Charter Party Agreements Based on Virtual On Time Arrival. TransNav, the International Journal on Marine Navigation and Safety of Sea Transportation, Vol. 11, No. 2, doi:10.12716/1001.11.02.13, pp. 303-308, 2017

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