A Study On Slot Charterers’ Subject Qualification Of Limitation Of Liability For Maritime Claims

There is a kind of slot charter in the business of international container lines. Itrefers to a charter that the slot charterer may acquire a fixed number of slots for cargotransportation within certain period by hiring them from the owner who operates thecontainer vessel and the owner transports the goods for the charterer. Because thereare no specific provisions concerning this charter in the Maritime Code of thePeople’s Republic of China (CMC), there are different opinions on the status of slotcharterers and whether slot charterers are entitled to limitation of liability for maritimeclaims. With the diversified development of shipping industry, the scope of theresponsible Parties of limitation of liability for maritime claims expands gradually.Convention on Limitation of Liability for Maritime Claims of1976, which is the mostinfluential convention in this area, stipulated that the ship charterers shall be broughtinto the scope of shipowners, and given the right of limitation. However, theconvention does not explicitly define the scope of charterers. This paper intends toexplore the legal issues related to the slot charterers under the limitation of liabilityfor maritime claims. Based on the ground of legal theory, the relevant provisions ofthe1976Convention and CMC, combined with shipping and judicial practices, byusing the method of history analysis, case studies, and comparative study oflegislation, this paper attempts to make it clear and definite that slot charterers can be considered as voyage charterers and be entitled to limitation of liability for maritimeclaims.The main content of the paper is divided into three chapters:Chapter1is about some basic issues of slot charter, and gives a discussion on thenature of slot charter via comparing slot charter with liner shipping contract, voyagecharter and time charter, trying to find out similarities and difference between thosecontracts.Chapter2focuses on analysis of the slot charterers’ right to limit liability formaritime claims on the basis of the studying the development and basic purpose oflimitation of liability for maritime claims.Chapter3analyzes relevant provisions of the existing legislation in China, andmakes some legislative proposals.