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Scrutton on Charterparties and Bills of Lading

Scrutton on Charterparties and Bills of Lading
24th Edition
Practice Area:  Shipping
ISBN:  9780414074613
Published by:  Sweet & Maxwell
Publication Date:  31 Dec 2019
Format:  Hardback, eBook - ProView
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This is the leading statement of the principles behind charterparties and bills of lading, which is the area of law covering parties to the hire and chartering of ships, and the carriage of goods at least partially by sea.

There are three kinds of charterparties: time charters, voyage charters, and demise charters. Voyage and time charterparties are agreements whereby the shipowner retains responsibility for the operation of the ship, for its navigation and management, but the charterer [ie lessee] is granted commercial use.
In a voyage charterparty, the charterer loads a cargo for delivery at the agreed destination. In a time charterparty, over an agreed period of time he may direct the ship, within the agreed range and conditions, to carry cargoes procured by him between the places specified by him.

Unlike voyage and time charterers, in the case of demise charters, the bareboat charterer takes over all the responsibilities for the vessel. He employs a crew and provisions, bunkers and runs the ship as his own. Ship operators may use demise charters to ‘charter in’ ships and integrate them into their fleet alongside their own stock.

Included in the 24th edition, amongst others, is coverage of the following key judgements under the Hague and Hague-Visby Rules:

  • Deep Sea Maritime Ltd v Monjasa A/S (The Alhani) on the scope of the Article III Rule 6 time-bar
  • Vinnlustodin HF and Sea Tank Shipping AS (The Aqasia) and Kyokuyo Co Ltd v AP Møller A/S (The Maersk Tangier) on limitation provisions
  • Glencore Energy UK Ltd v Freeport Holdings Ltd (The Lady M) on the scope of Article IV Rule 2(b) exception
  • The Supreme Court decision in Volcafe Ltd v Compania Sud Americana de Vapores SA on the burden of proof in cargo claims in the context of the Hague and Hague-Visby obligations and exceptions

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