Charterers’ failure to pay hire: owners’ right to damages where the vessel is withdrawn
Charterers’ failure to pay hire: owners’ right to damages where the vessel is withdrawn
The right of owners to claim damages in the event of charterers failing to pay hire and the vessel being withdrawn is complicated. The complication has been reflected in the commentary in Time Charters and is generated from conflicting authorities as to whether the contractual obligation of charterers to pay hire punctually and regularly is a condition or an innominate term. It is not controversial that breach of such obligation by charterers gives owners the right to withdraw the
vessel, albeit they sometimes require the service of an anti-technicality notice (eg clause 11 of the NYPE 93 form and clause 9 of the Shelltime 4 form). In the recent case of Kuwait Rocks Co v AMN Bulkcarriers Inc [2013] EWHC 865 (Comm), Flaux J had the opportunity to discuss this issue. This article reviews the law followed by a discussion of Kuwait Rocks
1-4
Hjalmarsson, Johanna
73a98539-9a14-4e63-bb53-5a7c365ad6e4
Liu, Edward Yang
08e78122-e1c1-4ca6-bb05-c6a73c5cde16
May 2013
Hjalmarsson, Johanna
73a98539-9a14-4e63-bb53-5a7c365ad6e4
Liu, Edward Yang
08e78122-e1c1-4ca6-bb05-c6a73c5cde16
Hjalmarsson, Johanna and Liu, Edward Yang
(2013)
Charterers’ failure to pay hire: owners’ right to damages where the vessel is withdrawn.
Shipping & Trade Law, 13 (4), .
Abstract
The right of owners to claim damages in the event of charterers failing to pay hire and the vessel being withdrawn is complicated. The complication has been reflected in the commentary in Time Charters and is generated from conflicting authorities as to whether the contractual obligation of charterers to pay hire punctually and regularly is a condition or an innominate term. It is not controversial that breach of such obligation by charterers gives owners the right to withdraw the
vessel, albeit they sometimes require the service of an anti-technicality notice (eg clause 11 of the NYPE 93 form and clause 9 of the Shelltime 4 form). In the recent case of Kuwait Rocks Co v AMN Bulkcarriers Inc [2013] EWHC 865 (Comm), Flaux J had the opportunity to discuss this issue. This article reviews the law followed by a discussion of Kuwait Rocks
This record has no associated files available for download.
More information
Published date: May 2013
Organisations:
Southampton Law School
Identifiers
Local EPrints ID: 351911
URI: http://eprints.soton.ac.uk/id/eprint/351911
PURE UUID: 23e56590-84d7-43e6-ab2a-58345f2e9b9e
Catalogue record
Date deposited: 29 Apr 2013 10:48
Last modified: 11 Dec 2021 04:01
Export record
Contributors
Author:
Edward Yang Liu
Download statistics
Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.
View more statistics
