• Journal of Navigation and Port Research
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• v.38 no.5
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• pp.471-477
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• 2014

In general, a regular charterparty form is used as a charterparty for tugboats which are employed in marine construction and a bareboat charter form is generally used for barge boat charterparty. As the tug-barge charterparty which are currently used do not have a standardised form, contracting parties arbitrarily decide on the terms and conditions of the contract. As a result, provisions of the charterparty usually do not specify in the contract which party bears the burden of liability in case of accident. Furthermore, the terminologies used in the charterparty are different from legal terms of current commercial law which causes confusion. These problems can be solved mostly by clarifying the legal character of the charterparty between the contracting parties and by conforming the terminologies. In addition, endeavour to standardise the contract form must be carried forward at the same time. This research purports to study actual condition of current charterparty for tug-barge ship which are employed to marine construction and to suggest systematic improvement plan. For this purpose, this research focuses on studying cases in which dispute arose due to lack of clarity in the provisions of the contract with regard to which party bears the burden of liability in case of accident. This research also purports to suggest forming the standardised contract terms of the charterparty as one way of solution and examine matters to be attended in writing a standardised form.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2012.06a
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• pp.269-272
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• 2012

통상적인 항해용선계약에 따르면 체선료의 책임은 반대의 문언이 없는 한 용선자에게 있는 것으로 추정된다. 그러나 실무에서는 용선자의 책임이 제한되거나 송하인 또는 수하인 등에게 이전되어 선주가 체선료확보에 어려운 상황에 직면하게 되는 경우가 빈번하게 발생되고 있다. 본 연구에서는 용선자, 송하인, 수하인, 선하증권의 배서인, 기타 이해당사자간의 체선료지불 책임에 관한 문제를 영미법의 사례를 중심으로 살펴보고 결론과 시사점을 도출하여 선주나 운항업자의 실무에 도움이 되는 방안을 제시한다.

• Journal of Korea Port Economic Association
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• v.28 no.1
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• pp.83-104
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• 2012

The main purpose of tramp ships in shipping markets is to produce operation profits by minimizing the running days in a contract of the voyage charterparty. It is an especially difficult task for the owners to earn operation profits in the present recessional shipping market. Tramp ships are moving towards globalization in order to look for a variety of cargoes, which are distinguished from the liners operating regularly as per the fixed time schedule. Tramp shipping, therefore, requires special attention every voyage to secure operation efficiency which comes from minimized sea and laytime in port. The laytime is allowed by owners but if the charterers use more laytime than that which is incorporated in the charterparty, then a compensation known as 'demurrage' must be paid to owners. Conversely if the time is shorter this is called 'despatch' and in this case the owners are paid. As the laytime issue in the voyage charter is somewhat delicate, it often causes much disputes between charterers and owners during the cargo handling in ports. This study focuses on the charterers' right and duty on the laytime which is usually applied for the benefit of the charterers. Reference is also made to English law cases to reinforce this study and the conclusion will make relevant suggestions for further research.

• Journal of Navigation and Port Research
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• v.37 no.6
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• pp.689-697
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• 2013

The demurrage is regarded as a kind of the ocean freight and a remuneration of the time lost for the vessel while in port. In ordinary occasions of the voyage charter, the liability of a demurrage is usually laid on the charterers unless any exceptions are incorporated. The owners are, however, often meeting somehow difficulty to secure demurrage in the field as the liability is limited or transferred to a third party from the charterers. This paper is focused on clearing the liabilities to be held by the parties involved through the English Law cases, and what's more is rendering a proper suggestions to the owners and charterers on dealing with the ship's operation business.

• Journal of Korea Port Economic Association
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• v.25 no.2
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• pp.231-246
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• 2009

The time charterer depends on speed and bunker consumption rate of time chartered vessel because it is related charterers' benefit. It is important role of stipulated speed and daily bunker consumption rate at the Time Charter Party, it is generated any dispute against speed and daily bunker consumption rate deficiency. The case of dispute is a restricted word of stipulated speed and daily bunker consumption rate at Charter Party as "about", "good weather or good weather day", "smooth water", "ocean current" and "without guarantee". It happens a dispute against speed and daily bunker consumption rate because it is not well-educated as a vessel operator regarding Time Charter Party interpretation.