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maritime law / laytime and demurrage | Accurate Essays
Maritime law refers to the rules and regulations that govern marine operations. In addition, it covers insurance claims associated with water vessels and cargo, piracy, matters of the passengers, ship merchants, demurrage dissertation, anglers and owners of shipping vessels.
Several countries have implemented a separate code that governs navigation on internal waters separately from international waters, demurrage dissertation. The flag that the water vessel upholds will determine its jurisdiction. For example, a vessel with a United States flag on Canadian waters will be subject to Canadian law.
Demurrage seeks to defend the interest of the society by facilitating efficient dispatch and loading of consignment Force et al. Laytime and demurrage are significant in law even though this subject has led to the rise of various legal controversies. Maritime law has a clause on the notice of readiness. Once a vessel arrives at the port, the owner of the vessel or an agent who represents the owner is required to present the charterer with a notice. The notice should take the form of a letter, a telephone call or a telegraph.
In the notice, demurrage dissertation, the owner or agent explains that the vessel is ready to load or dispatch consignments. This laytime period will be effective six hours after the notice is received or six hours after the vessels disembarks William et al, demurrage dissertation. The lack of precision over the implication of laytime can give rise to controversial issues between the contracting parties Demurrage dissertation, Similarly, demurrage dissertation, the vocabularies used in referring to these cases can sometimes be confusing Force et al, demurrage dissertation.
The first issue tries to deals with what happens when a vessel arrives at the dock demurrage dissertation the agreed laydays. If the owner of the vessel is ready to load the vessel, demurrage dissertation, is he under obligation to present a notice of willingness? William et al. In this case, the laytime had not yet commenced therefore the owners are not entitled to demurrage as compensation. If a charterer decides to present a notice of readiness, at what time period does the laydays begin.
If the owner of the ship gives presents the notice of readiness before time, is the demurrage dissertation mandated to start loading or wait for six hours? William et al, If the charter receives a notice of readiness demurrage dissertation the agreed period and then directs the ship to disembark, is the owner of the vessel entitled to repudiate?
In a case where an agent acting on behalf of a charterer or the charterer accepts an early notice of readiness, directs a vessel to disembark and sets in demurrage dissertation the process of loading or offloading before the laydays begins, is the period before the commencement of laydays considered as laytime? This arbitration case involved issues about control.
The judge explained that a vessel is mandated to present the notice of readiness upon entering the inner anchorage. The notice of readiness will signify the beginning of laytime. However, demurrage dissertation, if there is no room, then it can present the notice of readiness from the outer anchorage.
The acknowledgement of the notice signified the commencement of the laytime William et al, demurrage dissertation. The judge went ahead to highlight the fact that the charterer failed to communicate the terms prescribed in the Northgate Charter Terms to the terminal or offer particular instruction concerning the acceptance or rejection of the notice of readiness depending on the position of the vessel William et al. The charter assumed that the terminal would accept a notice of readiness that could have been discarded under the Northgate charter requirements.
By engaging demurrage dissertation such actions, the charterer lost the right to appeal to the legality of the notice of readiness, demurrage dissertation. In the case of Nikmary, the court had the task of establishing whether the tank cleaning and cargo availability caused a delay. In the facts of this case, the Nikmary arrived outside the port where the employees took tine to clean the tank. In her previous voyage, demurrage dissertation, the tanks had been filled with vegoil while the expected consignment was gasoline William et al.
After it disembarked, a notice of readiness was served. The next day the vessel was directed to the terminal where a gasoline consignment was ready to be loaded. A jointly appointed inspector selected by the charterers was not satisfied with the condition of the tanks and therefore rejected the vessel. The vessel then reallocate to anchorage to clean the vessels again, demurrage dissertation. The following day, demurrage dissertation, the vessel was returned but it was rejected by the jointly appointed inspector and other agents appointed demurrage dissertation the owners of the vessels.
The vessel was further cleaned and the next day another inspector appointed approved it. The owners of the vessels claimed that they were entitled to demurrage since the delay was originated from the absence of consignment. It was held that the purpose of the vessel was significant therefore, there was need for approval by an expert in the field.
The charterers had no right to make their own investigation. Other claims against the charterers were disregarded. The owner of a vessel is obligated by law to clean and maintain the tanks demurrage dissertation a vessel for the consignment.
The owner of a vessel assures the society that his vessel is on top form to transmit goods by cleaning the tanks. This process is necessary for vessels with chemical tanks. If a vessel is not clean, it is branded as unseaworthy even though it can carry the cargo to the required destination.
The contracting party has the right to inspect the tanks before loading the cargo. In the event that the charterer is displeased with the condition of the tanks, demurrage dissertation, the owner will be liable to clean the tank at his own time and cost Force et al, demurrage dissertation.
This condition is not essentially a violation of contact. However, if a delay in cleaning the tanks can be traced to he owner or his agents then it is considered a breach of contract, demurrage dissertation. The contract will be deemed null and void by the charterers.
A charterer has the right to demurrage dissertation the contract. The time taken to clean the tank will not be considered in the laytime while the cost of cleaning is not counted as demurrage.
In certain situations, the owner of the vessel may carry out all the necessary processes to clean a tank but the charterer will remain unsatisfied. The law requires the owner of the vessel to prove due diligence and show that he took all the measures necessary to clean the tanks. Laytime calculation for cleaning tanks is done to determine the demurrage dissertation of money to be received by the contracting parties in relation to demurrage dissertation time spent by the vessel at the port.
The laytime clause for a specified vessel and the notice of readiness determines the laytime period Force et al. The time that a particular vessel is required to load demurrage dissertation dispatch is also considered. This is more often than not expressed in terms of days or hours. Exceptions such as natural disasters and work stoppages should also be noted. If the charter allows all port and custom regulations to be adhered to before demurrage dissertation notice of readiness is served, demurrage dissertation, then this time is not considered in the laytime.
In cleaning chemical tanks, the charterer has to be satisfied that the tank is clean. If he is unsatisfied even after the owner demurrage dissertation done everything possible in his power, then a jointly appointed inspector can step in Force et al.
The time spent by the owner to clean again is not demurrage dissertation as laytime. If cleaning takes more time because of the procedures involved, demurrage dissertation, the owner can prove due diligence. When the container is geared up for re-inspection, a new notice of readiness should be demurrage dissertation. Nevertheless, demurrage dissertation, if the jointly appointed inspector is satisfied but the charterer is not, then demurrage dissertation time is considered as laytime.
Similarly, the time taken by the owner to connect hoses after the jointly appointed inspector is satisfied shall not be considered as laytime. Laytime will be deliberated as the number of successive hours spent by the charterer discharging the consignment, demurrage dissertation, loading after the notice of readiness was acknowledged, and the charterer certified that the vessel was clean.
If this period exceeds the amount of time agreed upon by the contracting parties, the charterer will pay the laytime as demurrage or the demurrage dissertation of the vessel will pay it as dispatch. The amount will depend on the rate prescribed by the voyage charter applicable, demurrage dissertation.
Force, R. Admiralty and maritime law. Washington, D, demurrage dissertation. C: Beard Books. William, demurrage dissertation, J. Laytime and demurrage dissertation recent cases. You can place an order similar to this with us, demurrage dissertation. Use the order calculator below and get ordering with demurrage dissertation. com now! Contact our live support team for any assistance or inquiry.
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Admission Essays Annotated Bibliography Business Plan Case Study Coursework Dissertation Essays Personal statement Presentation Research paper Research Proposal Speech Term Paper Thesis. Online Chat. Home About Us Order Now Contact Us Prices Guarantees FAQs Samples. Admission Essays Annotated Bibliography Business Plan Case Study Coursework Dissertation Essays Personal statement Presentation Report Research paper Research Proposal Reviews Speech Term Paper Thesis. Samples October 16th, Issue 1 The first issue tries to deals with what happens when a vessel arrives at the dock before the agreed laydays.
Issue 2 If a charterer decides to present a notice of readiness, demurrage dissertation, at what time period does the laydays begin, demurrage dissertation.
William et al, Issue 4 If the charter receives a notice of readiness before the agreed period and then directs the ship to disembark, is the owner of the vessel entitled to repudiate?
Issue 5 In a case where an agent acting on behalf demurrage dissertation a charterer or the charterer accepts an early notice of readiness, directs demurrage dissertation vessel to disembark and sets in motion the process of loading or offloading before the laydays begins, demurrage dissertation the period before the commencement of laydays considered as laytime?
Recent cases of Laytime The Northgate Case This arbitration case involved issues about control. Laytime calculation for tank cleaning on chemical tankers The owner of a vessel is obligated by law to clean and maintain the tanks of a vessel for the consignment.
References Force, demurrage dissertation, R. Schofield, J. Laytime and Demurrage, demurrage dissertation. London, UK: LLP Publishers.
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