• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.70
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• pp.39-65
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• 2016

On 2013 the English court delivered a decision that the payment obligation under time charter party is a condition. According to this judgement, The Astra, a breach of the obligation to pay hire on time entitles the owner both to withdraw the ship and sue the charterers for damages for the difference between the contract and market rate for the remainder of the contracted period. On 2015, however, the English court stood at the other side. In Spar Shipping, the court confirmed that the obligation to pay hire is not a condition of the contract but an "innominate term" - from the charterers' breach ship owners can exercise their contractual right to withdraw, but owners' right to sue for damages depends on whether the charterers have deprived the owners of the substantial benefit of the contract, or shown an intention to do so. This article aims to compare both decisions over the points that (1) the importance of on-time payment under a time charter party, (2) as a critical and main question in this article, whether the mattered payment clause is a condition or innominate term, (3) whether the on-time payment clause is merely a penalty or a reasonable liquidated damage. Based on various reasons, I am on a position that the payment of hire is not a condition but an innominate term. Default in punctual payment by a charterer, in the absent of clear contractual agreement, needs to be decided further whether that breach removes the substantial benefit of the contract from the owners.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.39
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• pp.251-280
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• 2008

A party to the charter will not be able to rely upon the doctrine of frustration if an event which makes further performance impossible has been caused by his breach of the charter. Strictly speaking, this is not a situation of frustration at all but rather a case of discharge of the contract by breach. In the Sea Angel case, the defendant entered into a Lloyd's Standard Form of Salvage Agreement with owners of the casualty on the LOF 2000 form, incorporating the SCOPIC clause. The time charter was on the terms of the Shelltime 4 form. This case the trial of the action brought by the claimants owners of the vessel Sea Angel claiming outstanding hire from the defendant charterers. This Case was issued whether charterparty frustrated by refusal of port authorities to issue "No Demand Certificate" allowing port clearance pending payment of oil spillage clean-up costs. The court concluded that no attempt had yet been made to invoke the assistance of the Pakistani court to obtain the release of the vessel. There was not so radical or fundamental a change in the obligation assumed by defendant as to establish frustration. The purpose of this study aims to analyse frustration and time charter in the Sea Angel case.

• 해운
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• no.10 s.67
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• pp.16-23
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• 2009

신규 화물운송사업자는 여러 형태의 선박을 확보하게 되는데 그 중 수입하는 선박, 즉 중고리스, 국내신조 BBCHP, 국외건조 BBCHP, 중고선이 국내외 신조 또는 중고 BBCH(bare boat charter hire purchase) 선박인 경우 수입신고 대상인지 명확하게 인식하지 못하는 사례가 빈번하다. 수입신고를 하지 않거나 선박출항 후 신고는 무신고죄 즉 밀수입죄를 적용 받는다. 따라서 반드시 수입신고 절차를 확인한 뒤 이를 신고해야 한다. 다음은 한국선주협회가 수입선박에 대한 수입신고절차 등을 정리한 것이다.

• Journal of Navigation and Port Research
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• v.46 no.4
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• pp.359-366
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• 2022

While the Forward Freight Agreement (FFA) has emerged as an effective hedging tool since early 1990, the basis risk and cash flow distortions have been addressed as obstacles to the active use of FFAs. This research analyses the basis risk of FFAs and provides a feasible suggestion to reduce it. Basis risk is divided into timing basis, route basis, size basis, and low liquidity basis. The timing basis is defined as the difference between the physical hire, fixed on the specific contract date and the FFA settlement price, calculated by averaging spot rates for a certain period. Timing basis is considered the worst in eroding the effectiveness of FFAs. This paper suggests a change of hire payment criterion from contract date to 15-day moving average, as a means of mitigating the basis risk, and analyzed the effectiveness through historical simulation. The result revealed that the change is effective in mitigating the timing basis. This study delivers a meaningful implication to shipping practice in that the change of hire payment criterion mitigates the basis risk and eventually activates the use of FFAs in the future.

• Journal of the Korean Institute of Navigation
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• v.5 no.2
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• pp.89-98
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• 1981

Presently, there are some means of voyage estimations such as Hire base, Charter base, and Anticpated income and expenditure statement of voyage. The former two are the means of estimation for profit of a ship's voyage per a deadweight tonnage adn a month, and it is well used in the case of chartered ships. But it is somewhat meaningless for the shpowner who runs his ships for himself. The latter means for estimation is mainly used in western shipping, and do not set forth simpler way of comparing profit with another voyage or with another ship's employing in other route. And this paper has yielded an index of ship's voyage profit evaluation by building a model of ship's voyage evaluation formula, and the index may be used in evaluation of the new investigation of shipping as well as setting out a shiop in a voyage. The model has yielded a break even curve which may be used for deciding the amount of demurrage and the period of ship's port time for a specific voyage contraction.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.85-109
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• 2010

L/C provides the exporter and the importer with safe assurance in the exchange of goods for payment in international trade. It involves a number of parties. Although the parties may have confidence in their client, bad faith or ignorance of international banking practice by any of these parties could cause the failure of transaction, which makes international trade a risky business. Most of the risks are found in transport document, which can cause disputes. There are many factors in the risk of transport documents under L/C transaction. One most common risk factor for the beneficiary in all transport documents is even if there is no discrepancy in document, the issuing bank or the applicant refuses to pay or delay payment insisting there is a discrepancy. In some very rare cases, the beneficiary may not get paid due to unfair injunction of the local court of the applicant. For the applicant, most common risk factors are fake bill and fraud. Risks classified according to the sorts of transport documents are as follows. 1. In B/L, payment can be refused because it is regarded as charter party B/L, although there is no real charter party contract. And the applicant can bear the potential risk of the loss or deterioration of cargo through transhipment of the cargo loaded on board in container if transhipment is prohibited without excluding of UCP 600 article 20 (c). 2. In charter party B/L, the applicant may take delivery without paying when charter party B/L is signed by charterer, which can result in a big loss for the beneficiary and the negotiating bank. And risks may arise when cargo is seized because the charterer does not pay the hire. The applicant and the issuing bank are also vulnerable to a risk - Against whom should they file a suit when cargo gets damaged during transportation? 3. In multimodal transport document, which is subject to a conflict because there is a big difference in viewpoints between transport industry and banks, conflicts may also arise when L/C requires ocean B/L and accepts multimodal transport document at the same time, but does not specify the details. 4. In air waybill, where the consignee is not the issuing bank but the applicant, risks may take place to the beneficiary when the applicant takes delivery but refuses to pay asserting minor discrepancies in document. The applicant may also bear the risk when cargo may not be loaded because air waybill is a received bill. Another risk may arise when although the applicant prohibits transhipment without excluding UCP 600 article 23 (c), the cargo may be transhipped, provided that the entire carriage is covered by one and the same air waybill.

• Journal of Navigation and Port Research
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• v.39 no.4
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• pp.313-318
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• 2015

A question has recently been raised as to whether a foreign officer needs to obtain a Korean endorsement in order to be able to serve on board a Korean flag ship. This is attributable to the fact that differences of viewpoint may arise as to the interpretation on the relation between the mutatis mutandis article 24(1) and the endorsement issuance article 10 bis. This study intends to propose an interpretative solution through conducting in-depth analysis on the article 25(1). The conclusions of this study can be given as follows. First, the jurisdiction over the bareboat charter ships with hire purchase shall be rested with the third country of which the flag the ship is flying, the endorsement to be issued to foreign officers have to be issued by the flag State under the STCW Convention as ameded. Second, the provisons of the ship officers' act shall not be made applicable, commensurate with the intention of legislating the mutatis mutandis article 25, to the BHC/HP in such a way that is in infringement with the jurisdiction of flag State of those foreign ships. Third, the mutatis mutandis article shall be made applicable to only such areas of manning standards not covered under the STCW Convention as amended and shall exclude those provisions pertaining to the issuance of various certificates of which the jurisdiction is rested with flag State under the international instrument. Fourth, the article 10 bis(1) is not a provision requiring foreign officers wishing to serve on a BBC/HP to obtain a Korean endorsement. In summation, the article 10 bis shall be used only in the cases where foreign officers wishing to serve on a Korean flag ship are required to obtain korean endorsement.

• Journal of Navigation and Port Research
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• v.39 no.6
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• pp.439-450
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• 2015

This study objects to find characteristics in chemical tanker markets and to determine optimal chemical tanker size using a total shipping cost in main trading route of asia chemical tankers .Precedent studies of determination of the optimal ship size and case studies about chemical tankers was carried out and tried to introduce a cost model which is applicable to chemical tanker. This study is dependant on numerical analysis and involves scenario analysis to minimize sensitivity of results. This analysis shows as follows. First, 12,000DWT tanker is an optimal size on the 'Far East-Middle East' services, 9,000DWT tanker is a most competitive on the 'Far East-South East Asia' services and 3,000DWT tanker is a most economic size on the 'Inner Far East' services at average market situation. Second, the bigger size of chemical tanker, the more competitive advantage the tanker will obtain when bunker fuel prices rise. Small size ship gets more competitive during bunker prices down. Third, market fluctuation of time charter rate for chemical tanker is less than 20% against its average time charter hire which means less volatile. And tanker's competitiveness per each size is remained mostly same when time charterer rates rise at same proportion. Fourth, bigger size chemical tankers have cost advantages when tanker's quantity of each part cargo increase. And small-sized tanks are more competitive when part cargo scales decrease. For the last, ship's port stay strongly influences on the determination of the optical tanker size. When vessel has shorter port stay, bigger-sized tanker will be more competitive and even can be competitive if applies in short voyage as well.