• 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 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.

• Korea Petroleum Association Journal
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• no.3 s.229
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• pp.49-50
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• 2002

이 자료는 지난 2월 25일 관세청에 제출한 건의 내용을 요약ㆍ정리한 것임-편집자 주-

• Journal of the Korean Society of Marine Environment & Safety
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• v.27 no.6
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• pp.775-782
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• 2021

The Myodo-Strait at Yeosu Port is normally used as a major vessel passage for dangerous cargo carriers that carry regular products of dangerous goods. Currently, the Myodo-Strait allows only single passage, and the speed of passage is also limited to 8 knots. As a result, demurrage at the wharf of hazardous goods are also on the rise. It is expected that the development of a number of dangerous commodity wharf in the future will increase the volume of vessel traffic and increase the number of vessels used in the project area. Therefore, it is urgent to improve the waterway in order to secure the safety of ships using the waterway and improve the demurrage. This study proposed an improvement plan for the waterway through the analysis of the marine environment of the waterway and the process of collecting opinions from users in the sea area. and it was finally proposed to expend the width of the strait to 300m and secure a depth of 9.50m through Guidelines of Port and Harbor Design review and ship handling simulation evaluation. In addition it was evaluated that the vessel traffic congestions at peak-time in the situation of solo passage was greatly improved from 71.01% to 47.3% even when it was allowed to ship's crossing passage, as a result of vessel traffic congestions evaluation. According to the proposed improvement plan, the safety of ships' passage in the project area can be secured, and the issue of demurrage was also considered to be improved.

• Journal of Korea Society of Industrial Information Systems
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• v.27 no.6
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• pp.105-114
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• 2022

We examine berth allocation problems in tidal bulk ports with an objective of minimizing the demurrage and dispatch associated berthing cost. In the proposed optimization model inventory (or stock) level constraints are considered so as to satisfy the service level requirements in bulk terminals. It is shown that the mathematical programming formulation of this research provides improved schedule resolution and solution accuracy. We also show that the conventional big-M method of standard resource allocation models can be exempted in tidal bulk ports, and thus the computational efficiency can be significantly improved.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.85-105
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• 2016

The fact that one of the parties to the sale contract has had to pay demurrage to the shipowner under LD clauses in the charterparty does not of itself mean that he can recover that loss from his sale counter party under the sale contract: the route to such recovery is through express clauses in the sale contract itself. LD clauses in a sale contract stand free and independent of their counterparts in the relevant charterparty. LD clauses in a sale contract should be construed and applied as clauses in sale contracts, not as adjuncts to charterparties. Their interpretation should therefore be coloured not by decisions on laytime and demurrage in charterparties, but by their relationship to the contractual duties of CIF and FOB sellers and buyers. The results discussed here have implications for the drafting of LD clauses in sale contracts. If unwelcome surprises are to be avoided, it seems to advisable to start from the principle: what exactly do traders want or need in LD clauses. They need a clause which covers them against charterparty losses where those losses are the result of dealy caused by the counterparty to the sale contract. The parties to the sale contracts are well advised to prepare LD clauses concentrating on that purpose and bearing in mind the followiing questions. First, should the loading and discharge code in the sale contract appear in traders' or trade associations' standard terms and conditions or should they be left to ad hoc negotiation in contract sheets? Second, should that code be as complete as possible, covering loading or discharge periods or rates, demurrage and despatch, or is it enough for only some of those matters to be covered explicitly, leaving other matters to be governed" as per charterparty"? Third, does the introduction or incorporation of a stipulation for the giving of a notice of readiness make the start of laytime more or less predictable as between seller and buyer? Finally should a loading and discharge code in a sale contract actully be called a "laytime and demmurrage clauses"?

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.113-132
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• 2014

Judicial decisions make it clear that in all CIF, CFR and FOB contracts, incorporation of charter party into sale contracts is the only effective way for recovery of demurrage in the context of sale contracts. The case law would appear to clarify a number of important issues: The words of incorporation in the sale contract play a vital role in determining the extent of the influence of the charter party principles over the sale contract. Hence, unless it is expressly provided otherwise, the courts tend to apply the charter party principles to the incorporated charter party provisions to the extent that they make sense in the context of sale contract, and that they do not undermine the underlying foundations of international trade law. In this respect the courts also take into account the factual background of the case with a view to objectively ascertaining the intention of the parties. The law is, however, less clear on the effects of the incorporated charter party provisions in sale contracts. There is still no straightforward answer to the question of to what extent the charter party law is applied to the incorporated charter party provisions in the context of sale contracts. The case law on this matter merely provides piecemeal solutions, and it is not possible to extract a general rule which will help interpretation of those charter party provisions which have not yet been subject to litigation or arbitration. Therefore, it should be noted that the parties would prepare Incorporation Clause in their sale contracts in reliance of the rules to achieve the desired results.

• 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 the Korea Society for Simulation
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• v.17 no.3
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• pp.63-73
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• 2008

The aim of study is to analyze the berth occupancy rate according to the ship size. P Iron and steel company operate exclusive bulk terminal at P port and G port and the depth of water at berth are not so equal each other. And to reduce the sea transport cost between loading port and unloading port P and G, P company increases the number of large ship while ship scheduling. But it causes to increase the berth congestion at the specific water depth berth owing to the draught of large ship. At this point, usually ship waiting time starts to rise even at low levels of berth occupancy rate, and will rise more and more sharply at the level of full utilization. But it is not common at exclusive terminal like P port and G port. Bulk ships arrive at port according to the early planned arrival time and the coefficient of variation of ship arrival time is not so big. So queueing time at exclusive terminal does not rise sharply near 80-90 berth occupancy rate.