海商法第五章.pptVIP

Chapter Five: Charter parties Section 1: Voyage Charters Section 2: Time Charters Section 3: Demise Charters Section 1: Voyage Charters Concept Characteristics Standard Forms Governing law Main provisions 1. Concept CMC art. 92 “a voyage charter party is a charter party under which the shipowner charters out and the charterer charters in the whole or part of the ship’s space for the carriage by sea of the intended goods from one port to another and the charterer pays the agreed amount of freight.” 2. Characteristics 1) Shipowners are responsible to operate the vessel and pay for relevant charges; Freight shall be calculated according to the actual quantity of cargo loaded; Shipowners take the risk of delay ( provisions like laytime, demurrage , despatch money etc) 3. Standard forms --- Uniform General Charter: GENCON（金康），drafted by The Baltic and International Maritime Conference (BIMCO) in 1922、1976、1994 etc. --- Baltimore Berth Charter Party Steamer (Form C) : used for grain transport --- Australian Grain Charter Party ---Tanker Voyage Charter Party: ASBATANKVOY, it is drafted by Association of ship brokers and agents : ASBA, and used for oil transport. --- Coal Voyage Charter : POLCOALVOY, it is drafted by BIMCO in 1971,1976 and 1997, used for coal transport. 4. Governing law No compulsory international conventions. No compulsory domestic provisions, except that of CMC art. 94 CMC art. 94 “The provision in art. 47 and art. 49 shall apply to the shipowner under voyage c/p. The other provisions in Chapter IV regarding the rights and obligations of the parties to the contract shall apply to the shipowner and the charterer under voyage charter only in the absence of relevant provisions or in the absence of provisions differing therefrom in the voyage c/p. ” 5. Main provisions 1) Description Clause（船舶说明） It is the shipowner to represent the details of the ship to the charterer for whom to decide if the ship shall be chartered in. Name of ship, natio