Study On Speed Claim Under Time Charter Party

Speed claim is a special problem under time charter.The establishment of Interpretation Rule of Time Charter Party in 2000,the highlights in article twelfth of NYPE2015 and the development of Anglo-American Case Law,are all evidence for the development of speed claim.However,the study in this area,in China is relatively scattered,there is no article discussing this problem:in a comprehensive and systematic way.This article is arranged by litigation process.Author integrates all aspects of information on the basis of cases and arbitration awards,and discusses speed claim under time charter party in depth,specifically as follows:Chapter one explains the essential elements of the rise of speed claim,including the existence of speed clause and the breach of speed clause.This chapter introduces the existence form of speed clause with NYPE and BALTIME format,and explains the determiners in detail,such as "fully laden","in good weather","average",and"about",and gives a definition to the nature of speed clause.The second chapter analyses the general defenses and defenses of the ship owner in face of speed claim.Author compares the rules under Chinese Law with those under British law,and reaches to the conclusion that although they use different words to describe the general defenses and defenses,the connotation and extension are basically the same.The third chapter solves the problem of admissibility of evidence,introduces the merits and drawbacks of logbook and Oceanroutes report.This chapter is divided into two parts,general principles and special principles,according to whether falsity exists,and comparatively analyses the relevant provisions and practice of Chinese law and British law.Chapter four analyses the calculation of claim amount,firstly explains method of calculation under traditional mode and Oceanroutes report mode respectively,and then carries a deep discussion in whether there should be set-off between speed claim and consequently fuel costs saving,and comes to the conclusion that the set-off meets accordance with the principle of deduction of collateral benefits,and analyzes the defects of the opposite view and the calculation method of fuel costs saving amount.In the fifth chapter,author gives advice on the improvement of speed clause,and gives suggestions to improving Chinese speed claim arbitration system on three aspects:the professionalism of arbitrators,the gradient of summary procedure and the introduction of temporary arbitration system.This article explains the related problems of speed claim in a systematic way,in order to fill in the blanks of this field,and brings convenience for the academic and judicial circles,lawyers and charter practitioners.