The Legal Issues With Reference To The Off Hire Clause Under The Time Charter Party Of NYPE Form

This Thesis is concerned with the Legal Issues with reference to the off hire clause under the time charter party of New York Produce Exchange form, particularly the discussion of the disputed matter.1. First of all, the off hire clause will be briefly introduced and the legal character of the off hire clause will be summarized, which will provide us an overall and comprehensive view to hold correctly the intention and extension.2. This thesis based on English law and American law and combined with relevant cases, will focus on the detailed analysis of the off hire clause of NYPE, especially the conditions for the off hire clause to apply. In the meantime, the deference between English law and American law will also be showed.There is no convention or law imposed compulsorily on time charters. However, most of the off hire clauses of Time charters are made on the basis of wording of the standard form such as clause 15 of NYPE'46 with amendments and variations. Therefore, it is very important to comprehend thoroughly the off hire clause of NYPE'46. NYPE'93 is the latest revised edition is often adopted in practice.At present, most of Time charters provide for English law to apply and English law dominates this area undoubtedly. In addition, since NYPE form was drafted by New York Produce Exchange, some Time charter party, in particular in American and Japanese markets, also provides for American law to apply. There are hardly other laws agreed as the governing law in Time charters.As well known English law and American law are "case" laws, therefore, it will be very meaningful to study the relevant cases in the connection under English law and American law to analysis the off hire clauses of NYPE.3. The position of off hire clause under Chinese Maritime Code and the difference from NYPE will be discussed. Meanwhile, some opinions or proposals will be tabled for the off hire clause of the revised Chinese Maritime Code.4. In the end, the integral connection between off hire clause and other clauses will be analyzed, such as loss indemnification clause, hire payment clause, liens clause, duration clause and cancellation clause.