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Trip charterparties and their binary endgames

Trip charterparties and their binary endgames
Trip charterparties and their binary endgames
This article takes its starting point in the normative framework surrounding charterparties and explores the limits and degree of flexibility of that contractual framework. While certain categories of charterparties are well-established and universally acknowledged, it is also generally recognised both judicially and in literature that the parties are not bound by such categories but are free to develop their own terms, within a spectrum of hybrid contractual forms deviating from the entrenched typology. The example of trip-time charters is here considered in the context of contract certainty and predictability: while by no means a rare or recent phenomenon in chartering practice, and while textbooks and judicial dicta signal recognition in principle of this form of contract, this article argues that reality differs from such assertions. It will be argued that the absence of judicial and literary attention to these issues to date suggests a deeper unspoken truth: there are in fact no hybrid charterparties, and the end game will always be a reversion to the binary model.
Law
376-397
Hjalmarsson, Johanna
73a98539-9a14-4e63-bb53-5a7c365ad6e4
Hjalmarsson, Johanna
73a98539-9a14-4e63-bb53-5a7c365ad6e4

Hjalmarsson, Johanna (2018) Trip charterparties and their binary endgames. Lloyd's Maritime and Commercial Law Quarterly, 2018, 376-397, [376].

Record type: Article

Abstract

This article takes its starting point in the normative framework surrounding charterparties and explores the limits and degree of flexibility of that contractual framework. While certain categories of charterparties are well-established and universally acknowledged, it is also generally recognised both judicially and in literature that the parties are not bound by such categories but are free to develop their own terms, within a spectrum of hybrid contractual forms deviating from the entrenched typology. The example of trip-time charters is here considered in the context of contract certainty and predictability: while by no means a rare or recent phenomenon in chartering practice, and while textbooks and judicial dicta signal recognition in principle of this form of contract, this article argues that reality differs from such assertions. It will be argued that the absence of judicial and literary attention to these issues to date suggests a deeper unspoken truth: there are in fact no hybrid charterparties, and the end game will always be a reversion to the binary model.

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Accepted/In Press date: 22 March 2018
e-pub ahead of print date: 2018
Published date: 2018
Keywords: Law

Identifiers

Local EPrints ID: 419364
URI: http://eprints.soton.ac.uk/id/eprint/419364
PURE UUID: 1f25b578-665b-479d-b084-7ec0aa12b5fd
ORCID for Johanna Hjalmarsson: ORCID iD orcid.org/0000-0002-7362-811X

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Date deposited: 11 Apr 2018 16:30
Last modified: 12 Dec 2021 08:19

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