Express And Implied Indemnities In Voyage And Time Charterparties Analysis
Compare and contrast the application and scope of express and implied indemnities in voyage and time charterparties
I. Introduction:
(i) Examining the different relationships which arise between the shipper/ the owner of the goods, the carrier or the shipowner, the charterer; when the shipowner directly or through an agent undertakes to carry goods by sea or to provide an vessel for that purpose, such an arrangement is termed as contract of affreighment. Such contract of affreighment may take a variety of forms, mainly where the shipowner agrees to make available the entire carrying capacity of his vessel either for a particular voyage or a specified period of time, or, if the shipowner employs his vessel for carrying service to ship cargo …show more content…
Arbitration clauses will not be incorporated unless specifically incorporated. Alternatively. They will be incorporated if the wording of the charterparty arbitration clause expressly refres to disputes under the bill of lading [ The Federal Bulker [1989] 1 Lloyd’s Rep …show more content…
In Adamastos Shipping Co Ltd v. Anglo- Saxon Petroleum Co Ltd [(1959) AC 133, HC], a charter incorporated terms of US Carriage of Goods by Sea Act of 1936.
Without manipulating the wording of the Act so that ‘this bill of lading’ could read ‘this charterparty’, the clause would have been devoid of meaning. The paramount clause included a provision that, in trades to which the Hague- Visby Rules applied compulsorily, the provisions of the relevant legislation would be incorporated into the bill of lading . The Court of Appeal, by a majority, held that this provision would apply only if the contrcat of carriage fell within Art X of the Hague-Visby Rules which on the facts, it did [ (2002) 2 Lloyd’s Rep
I. Introduction:
(i) Examining the different relationships which arise between the shipper/ the owner of the goods, the carrier or the shipowner, the charterer; when the shipowner directly or through an agent undertakes to carry goods by sea or to provide an vessel for that purpose, such an arrangement is termed as contract of affreighment. Such contract of affreighment may take a variety of forms, mainly where the shipowner agrees to make available the entire carrying capacity of his vessel either for a particular voyage or a specified period of time, or, if the shipowner employs his vessel for carrying service to ship cargo …show more content…
Arbitration clauses will not be incorporated unless specifically incorporated. Alternatively. They will be incorporated if the wording of the charterparty arbitration clause expressly refres to disputes under the bill of lading [ The Federal Bulker [1989] 1 Lloyd’s Rep …show more content…
In Adamastos Shipping Co Ltd v. Anglo- Saxon Petroleum Co Ltd [(1959) AC 133, HC], a charter incorporated terms of US Carriage of Goods by Sea Act of 1936.
Without manipulating the wording of the Act so that ‘this bill of lading’ could read ‘this charterparty’, the clause would have been devoid of meaning. The paramount clause included a provision that, in trades to which the Hague- Visby Rules applied compulsorily, the provisions of the relevant legislation would be incorporated into the bill of lading . The Court of Appeal, by a majority, held that this provision would apply only if the contrcat of carriage fell within Art X of the Hague-Visby Rules which on the facts, it did [ (2002) 2 Lloyd’s Rep