Charter Contract A Number Of Important Provisions

Since China becomes the member of WTO, the development of economy and international trade is becoming more and more rapidly. As the result, the shipping market is also very prosperous. A lot of capital outside shipping industry has been invested in recent shipping market for buying container ships and bulk ships for operating or renting. So, plenty of charter-parties need to be issued between owners and charterers during which disputes often arise.In this thesis, the emphasis of discussing is the main terms often issued in the time charter parties and how to settle all kinds of disputes arising from them.This thesis focuses on the topics of bulk carriage and time chartering in the introduction. In the following chapter 1 to 3, the writer introduced the main problems in the negotiations of charter parties and the disputes from the execution of the charter party.The issues are as follows: the status of all parties in the Time Charter; the different effect of issuing the charter party by different parties concerned; the legal relationship among different parties concerned if the ship was sublet; the discuss on descriptions of ship, for example, misrepresentation and claims on speed and consumption; time and condition of the ship when delivery; how to protect owner's benefit if damages occurred on the ship when redelivery.In Chapter 4, the writer discussed the sub-let clause and off-hire clause in Time Charter-party. The issues are as follows: the legal relationship between the parties when the ship was sub-let and the different risks on the different parties and the different ideas of Chinese law and American and English Case Law.The issues of Chapter 5 are the emphasis of this thesis that is focused on the issues of bill of lading under a charter party and the arbitration clauses, which are often incorporated in the charter parties. The terms of the charter party are always incorporated into the bill of lading issued. Almost all the countries admit the validity of the incorporation clause, but the rules of incorporation differ slightly.The issues of Chapter 6 are the legal principles of solving the disputes arising from the main terms of charter parties. In this part, the writer reaches aconclusion.The above is the main ideas of this thesis. I try to make a detailed discuss on the main terms of the Time Charter Party and the ideas to solve the disputes arising from them in Chinese Law and in American and English Case Law.