Comparison Of NYPE 46 And NYPE 93

Though it is a great progress for the amendment of NYPE 93 form to NYPE 46 form, it is NYPE 46 form that is largely used in practice. Maybe there are two reasons why people aren't likely to use NYPE 93 form. The first reason is that during over 50 years after NYPE 46 form was amended, there have been a great deal of disputes arisen from it and the law have given thorough and exhaustive explanation to the terms of the form. So most of the terms in NYPE 46 form have definite meanings in law. So people are familiar with NYPE 46 form and likely to use it. The second reason is that people in shipping know little about NYPE 93 form, so they don't want to adopt a form they are not familiar with. Trough contrast of NYPE 93 and NYPE 46 form, this paper will make dear the following three questions: the differences between NYPE 93 form and NYPE 46 form; the reason of such amendments; the result of such amendments.The method of contrast will be used in this paper. The contrast is embodied not only in the changes between NYPE 46 form and NYPE 93 form, but also in the differences of maritime law between China and England or United States.This paper doesn't include all the clauses of the two forms, but focus on the five most important clauses of them, e.g., Description of Vessel clause, Delivery and Cancellation clause, Payment of Hire and Withdrawal clause, Prosecution of Voyage clause, Off-hire clause.The conclusion of this paper is as following: 1. The time of warrantee description of vessel is the time when the charter is concluded. The factors of the charterer's employment of vessel and bunker quality should be taken into account in charterer's speed claim. 2. Under NYPE 93 form, owners have theright of intepellation and charterers own the obligation of reply. 3. Under the Anti-technique clause of NYPE 93 form, if charterers fail to pay hire fully and punctually, owners shall give charterers a grace period to pay hire, but can't withdraw vessel. 4. Charterers shall bear all the damages and consequences arisen from owners abiding by charterers' orders. 5. Off-hire items have been enlarged under NYPE 93 form, and bunkers consumed during off-hire period to be on owners' account. Quasi-distance clause has been added to the new form. All these have made the new off-hire clause be more advantageous to charterers.