A Research On Legal Issues For Withdrawal Of Vessel Under Charter Party

The theme of this paper is withdrawal of vessel under Charter Party. This paper mainly discusses the legal characteristics of withdrawal of vessel, conditions, legal consequences, waiver and estoppels and so on. On the basis of current theories of Charter Party, analyzing shipping practices and shipping cases, compared to current widely-used contract forms of Charter Party, such as NYPE1993for Time Charter Party and BARECON for Bareboat Charter Party, in application of several research approaches such as comparison of laws of different countries and case study, this paper systematically analyzed withdrawal of vessel. Moreover, this paper represents my own opinions on settling disputes concerning withdrawal of vessel in shipping practices.The whole paper is divided into five chapters:Chapter1introduces the several concepts regarding withdrawal of vessel, and mainly discusses the legal characteristics of withdrawal and the comparison between withdrawal of vessel and termination of contract.Chapter2is the core of this paper. In Chapter2, the conditions of withdrawal of vessel are systematically analyzed. Chapter2is divided into three parts. Part1dissertates relevant legal issues in term of Charterers’ failure in paying the hire in full amount punctually. Part2dissertates relevant legal issues in term of Charterers’ violation of without discount to the hire. Part3dissertates relevant legal issues in term of Charterers’violation of safe ports/berths.Chapter3discusses the different conditions of withdrawal of vessel under Bareboat Charter Party in detail, compared to Time Charter Party. The different conditions includes four aspects, namely owners shall withdrawal the vessel until the Charterers’failure in paying hire in full amount punctually for seven consecutive days, ship insurance, assignment and sub-demise, and the unique condition of withdrawal of vessel under Bareboat Charter with Hire Purchase.Chapter4discusses the legal consequences of withdrawal of vessel. In application of research approaches, such as comparison and case study, Chapter4systematically analyzed the legal provisions of English Law, American Law and China Maritime Law, and classic cases.Chapter5discusses waiver and estoppels. This chapter mainly analyzes the principle of waiver and estoppels under English Law, and gives a clear demonstration of right of termination under China Contract Law.Withdrawal of vessel Clause is of great importance in Charter Party. By the withdrawal of vessel, the Charter Party would be terminated. Hence, Owners should use the right of withdrawal of vessel wisely and rationally. Since there are no same Charter Parties, each Charter Party should be specifically treated rather than generally, and certain rules should be followed. There is no doubt that as long as the rules of Charter Party are strictly followed, good and fair clauses of withdrawal of vessel would be made, disputes regarding withdrawal of vessel would be properly settled, the Charter Party would be successfully fulfilled, and the shipping market would finally be better and better.