Voyage Charters 5th ed

Widely regarded as the leading authority on voyage charters, this book is the most comprehensive and intellectually-rigorous analysis of the area, is regularly cited in court and by arbitrators, and is the go-to guide for drafting and disputing charterparty contracts.

Voyage Charters provides the reader with a clause-by-clause analysis of the two major charterparty forms: the Gencon standard charterparty contract and the Asbatankvoy form. It also delivers thorough treatment of COGSA and the Hague and Hague-Visby Rules, a comparative analysis of English and United States law, and a detailed section on arbitration awards.

This book is an indispensable, practical guide for both contentious and non-contentious shipping law practitioners, and postgraduate students studying this area of law.

table of content

SECTION I: GENERAL PRINCIPLES AND GENCON CHARTER

Chapter 1: Formation and Terms of the Charter

FORMATION OF THE CHARTER

CONCLUDING A BINDING AGREEMENT

LAW GOVERNING THE CHARTER

ILLEGALITY OF THE CONTRACT OF AFFREIGHTMENT

MISTAKE

MISPREPRESENTATION

OTHER VITIATING FACTORS: DURESS AND BRIBERY

THE TERMS OF THE CHARTER

Chapter 2: Parties to the Charter

Chapter 3: Description of the Ship

Chapter 4: Proceeding to the Loading Port

Chapter 5: Loading and Discharging Ports, Places and Berths

Chapter 6: The Cargo

DECK CARGO

THE TYPE OF CARGO

DANGEROUS CARGO

Chapter 7: Charterer’s Obligation to Provide Cargo

EXCEPTIONS TO THE CHARTERERS’ OBLIGATION TO PROVIDE CARGO

CARGO OPTIONS – SELECTION OR ELECTION?

Chapter 8: Dunnage

Chapter 9: Proceeding on the Cargo Voyage

Chapter 10: Delivery

Chapter 11: Owners’ Responsibility Clause

THE FIRST PARAGRAPH – LIABILITIES ACCEPTED

THE SECOND PARAGRAPH – LIABILITIES EXCLUDED

Chapter 12: Deviation and Delay

EFFECT OF UNJUSTIFIABLE DEVIATION

Chapter 13: Freight

GENCON 1994

Chapter 14: Loading and Discharging

F.I.O.S.T. TERMS

Chapter 16: Demurrage

Chapter 17: Liens

GENCON 1994

1. BILLS OF LADING IN GENERAL

2. BILL OF LADING AS A CONTRACT OF CARRIAGE

3. THE BILL OF LADING AS A DOCUMENT OF TITLE

THE OWNER’S RIGHT OF RECOURSE

Chapter 19: Cancelling Clause

Chapter 21: Remedies for Breach of the Charter

DAMAGES IN GENERAL

DAMAGES FOR PARTICULAR BREACHES OF CHARTER

REMEDIES OTHER THAN DAMAGES

DAMAGES FOR PARTICULAR BREACHES OF CHARTER

Chapter 22: Frustration of the Charter

Chapter 23: Agency

Chapter 24: Brokerage

Chapter 25: General Strike Clause

CHANGES TO GENCON 1976

Chapter 29: Description and Position of Vessel

Chapter 30: The Voyage

Chapter 31: Freight, Demurrage, Commission

Chapter 32: General Average and Arbitration/Tovalop/Special Provisions

Chapter 33: Warranty—Voyage—Cargo

Chapter 34: Freight

Chapter 35: Deadfreight

Chapter 36: Nomination of Loading and Discharging Ports

Chapter 37: Laydays—Cancelling

Chapter 38: Commencement and Calculation of Laytime

Chapter 39: Demurrage

Chapter 40: Safe Berthing—Shifting

Chapter 41: Pumping In and Out

Chapter 42: Hoses—Mooring at Sea Terminals

Chapter 43: Dues—Taxes—Wharfage

Chapter 44: Excluded Cargoes—Vapour Pressure

Chapter 45: Ice

Chapter 46: Two or More Ports Counting as One

Chapter 47: General cargo

Chapter 48: Quarantine and Fumigation

Chapter 49: Cleaning

Chapter 50: General Exceptions Clause

Chapter 51: Issuance of Bills of Lading

ISSUANCE AND TERMS OF BILLS OF LADING

Chapter 52: Terms of Bills of Lading

Chapter 53: Clause Paramount and Cargo Claims

Chapter 54: Jason Clause

Chapter 55: General Average

Chapter 56: Collision Clause

Chapter 57: Limitation of Liability

Chapter 58: War Risks

Chapter 59: Deviation

Chapter 60: Lien

Chapter 61: Agents

Chapter 62: Breach

Chapter 63: Arbitration

Chapter 64: Sublet

Chapter 66: The Hague and Hague-Visby Rules

THE ROLE OF THE RULES IN RELATION TO CHARTERPARTIES

THE SPECIFIC STATUTORY ROLE OF THE HAGUE-VISBY RULES

THE HAGUE RULES