Chapter 1 General Introduction
Section 1 General Introduction of Tramp Shipping (I)
1.1 What is tramp shipping?
1.2 Characteristics of tramp shipping
1.3 Kinds of tramp shipping
Section 2 General Introduction of Tramp Shipping (II)
2.1 What is chartering?
2.2 Different kinds of chartering
2.3 Differences between time charter and voyage charter
Section 3 Charter Party
3.1 The meaning of charter party
3.2 Voyage Charter Party
3.3 Time Charter Party
3.4 Bareboat Charter Party
Section 4 Entering into C/P & Standard Form
4.1 Making of C/P: chartering broker
4.2 Forms of C/P
Section 5 Law and Shipping Customs Relating to Charter Parties
5.1 Application of Chinese Maritime Code
5.2 International Shipping Practices
Section 6 Chartering Market
6.1 Purpose on learning the chartering market
6.2 Kinds of freight markets
Chapter 2 Voyage Charter Party
Section 1 Representations under Voyage Charter Party
1.1 Introduction
1.2 Representations and misrepresen tations
Section 2 Main Provisions on Representation
Section 3 Preliminary Voyage & Loading/Discharging
3.1 Preliminary voyage
3.2 Loading/discharging clause
Section 4 Duties of the Charterer to Provide Cargo
4.1 Sorts of cargo
4.2 Quantity of cargo
4.3 Specified duties of the charterer
Section 5 Laytime/ Demurrage/ Dispatch Money (I)
5.1 Understanding of Laytime
5.2 Definition of oedays– as laytime
Section 6 Laytime/ Demurrage/ Dispatch Money (II)
6.1 Commencement and end of laytime
6.2 Problems arising from berth contract
Section 7 Laytime/Demurrage/Dispatch Money (III)
7.1 Definition of Demurrage/Dispatch Money
7.2 Calculation
Section 8 Other Clauses under GENCON 1994
8.1 Responsibilities and exceptions of shipowner
8.2 Deviation clause
8.3 Lien clause/cesser clause
Section 9 Law and Arbitration Clause
9.1 General introduction of law and arbitration clause
9.2 CMAC model arbitration clause
Chapter 3 Time Charter Party
Section 1 Representation under Time C/P
1.1 Nature of time charter party
1.2 Definition of key words and terms
1.3 Representation
Section 2 Shipowners/Charterers to Provide
2.1 Importance of the clause of shipowner/charterer to provide
2.2 Shipowners to provide
2.3 Charterers to provide
Section 3 Period of Hire
3.1 Introduction
3.2 Standard form
3.3 Usual clauses on period of hire
Section 4 Delivery of Vessel
4.1 Date, place and condition of delivery
4.2 Place of delivery
4.3 Condition of delivery
Section 5 Redelivery of Vessel
5.1 Introduction of redelivery of vessel
5.2 Time of redelivery
5.3 Conditions of redelivery
5.4 Ordinary tear and wear
5.5 Legal effect
Section 6 Payment of Hire
6.1 Standard clause
6.2 Common terms in practice
Section 7 Withdrawal of Vessel
7.1 Condition of withdrawal
7.2 Limits to exercise withdrawal
7.3 Legal effect of withdrawal
7.4 Waiver of right to withdraw
Section 8 Off-hire
8.1 Standard clauses on off-hire
8.2 Common provisions of off-hire
Section 9 Responsibilities and Obligations of Shipowners
9.1 Initial seaworthiness
9.2 Maintenance seaworthiness
9.3 Shipowners to provide
9.4 Reasonable dispatch
9.5 Customary assistance
Section 10 Responsibilities and Obligations of Charterers
10.1 Charterers to provide
10.2 Safety of port/berth
10.3 Definition of safe port
10.4 Scope of safe port
10.5 When to warrant the safety of port?
Section 11 Exception Clause
11.1 Exception clauses under standard forms
11.2 Common nature of exception clauses
Section 12 Employment and Indemnity Clause
12.1 Employment and indemnity clause under standard forms
12.2 Chinese law on the issue of employment and indemnity
12.3 Problems under supervision of master
12.4 Who shall be responsible for damages caused by the stevedore?
Section 13 Trading Limits Clause
13.1 Trading limits clause under standard forms
13.2 Chinese law on the issue of trading limits
13.3 Understanding of trading limits clause
Section 14 Lawful Merchandise Clause
14.1 Lawful merchandise clause under standard forms
14.2 Chinese law on the issue of lawful merchandise
14.3 Understanding of lawful merchandise clause
Section 15 Sub-let Clause
15.1 Sub-let clause under standard forms
15.2 Understanding of sub-let clause
Chapter 4 Bareboat Charter Party
Section 1 Delivery Clause
1.1 Definition of bareboat charter party
1.2 Main provisions of bareboat charter party under BARECON
1.3 CMC provision on the delivery of vessel
Section 2 Inspection Clause
Section 3 Maintenance and Operation Clause
3.1 Maintenance and operation clause under BARECON
3.2 CMC provision on maintenance and operation
Section 4 Hire Clause
4.1 Hire clause under BARECON
4.2 Problems in practice
4.3 Chinese law on payment of hire
Section 5 Mortgage Clause
5.1 Mortgage clause under BARECON
5.2 CMC provision on mortgage
Section 6 Insurance and Repairs
6.1 Insurance clause under BARECON
6.2 Chinese provisions on insurance
Section 7 Redelivery Clause
Section 8 Non-lien Clause
8.1 No possessory lien or maritime lien
8.2 Notice fastened on board
8.3 The indemnity clause
8.4 Security
8.5 CMC provision on the effect of non-lien clause
Section 9 Lien and Wreck Removal Clause
9.1 Lien clause
9.2 Wreck removal clause
Section 10 Assignment and Sub-demise Clause
10.1 Assignment & sub-demise clause under BARECON
10.2 Chinese law on the issue of assignment and sub-demise
Section 11 Bareboat Charter Party with Hire Purchase Clause
11.1 Transferring title of property and risks
11.2 Risks and expenses for sale of ship
11.3 Taxes and charges under purchasing contract
11.4 Costs for dispatch of crew
Chapter 5 Bill of Lading under Charter Party
Section 1 General Introduction
1.1 Bill of lading issued under C/P
1.2 B/L under C/P and ordinary ocean B/L
1.3 Differences between B/L under C/P and ordinary ocean B/L
1.4 Identify B/L under C/P and ocean B/L
Section 2 Incorporation Clause
2.1 Incorporation clause and B/L under C/P
2.2 Understanding of incorporation clause and its validity
2.3 Which contract may be incorporated into B/L
2.4 Common incorporation clauses
2.5 Problems on incorporation of arbitration clause
Section 3 B/L clauses under C/Ps
3.1 B/L clause under voyage charter party
3.2 B/L clause under time charter party & bareboat charter party
3.3 Few situations of refusing to sign B/L
3.4 Meaning of oeWithout prejudice to–
Section 4 Identifying the Carrier and Demise Clause
4.1 Identify the carrier in case of B/L under C/P
4.2 Demise clause
References
Author“s Note
