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Thursday, July 19, 2018

CHARTER PARTY INFORMATION

THE INDIAN OIL CORPORATION ISSUES REVISED STANDARD CHARTERING TERMS

The Indian Oil Corporation has issued revised standard chartering terms based on the Asbatankvoy form of charterparty. The clauses that are worthy of mention are as follows:

“24. Charterers shall in no event be liable for demurrage unless the demurrage claim, including in reasonable detail, the specific facts upon which the claim is based provided available to owners, has been presented to charterers in writing within forty five (45) days upon completion of discharge.”

The requirement of this clause that owners should present “in reasonable detail, the specific facts upon which the claim is based…” is not particularly clearly drafted. It leaves room for argument as to whether owners have provided “reasonable detail”. Furthermore, the clause provides a time limit of 45 days. Many charters provide a time limit of 90 days, for instance clause 20 of BPVOY 4.

The jurisdiction clause provides:

“29. All disputes arising under this charter party shall be settled in India in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (No. 26 of 1996) or any further amendments thereof, and under the Maritime Arbitration Rules of the Indian Council of Arbitration. The arbitrators to be appointed from out of the Maritime Panel of Arbitrators of the Indian Council of Arbitration. The arbitrators shall be commercial men.”

Owners should consider the implications of this jurisdiction clause and contrast it with other choices of jurisdiction. This clause does not specify which law is to apply to the charterparty. This is specified in clause 2, which provides for Indian law to apply.

Any member requiring a copy of these clauses should contact:John Fawcett-Ellis john.fawcett-ellis@intertanko.com

THE INDIAN OIL CORPORATION ISSUES REVISED STANDARD CHARTERING TERMS

The Indian Oil Corporation has issued revised standard chartering terms based on the Asbatankvoy form of charterparty. The clauses that are worthy of mention are as follows:

“24. Charterers shall in no event be liable for demurrage unless the demurrage claim, including in reasonable detail, the specific facts upon which the claim is based provided available to owners, has been presented to charterers in writing within forty five (45) days upon completion of discharge.”

The requirement of this clause that owners should present “in reasonable detail, the specific facts upon which the claim is based…” is not particularly clearly drafted. It leaves room for argument as to whether owners have provided “reasonable detail”. Furthermore, the clause provides a time limit of 45 days. Many charters provide a time limit of 90 days, for instance clause 20 of BPVOY 4.

The jurisdiction clause provides:

“29. All disputes arising under this charter party shall be settled in India in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (No. 26 of 1996) or any further amendments thereof, and under the Maritime Arbitration Rules of the Indian Council of Arbitration. The arbitrators to be appointed from out of the Maritime Panel of Arbitrators of the Indian Council of Arbitration. The arbitrators shall be commercial men.”

Owners should consider the implications of this jurisdiction clause and contrast it with other choices of jurisdiction. This clause does not specify which law is to apply to the charterparty. This is specified in clause 2, which provides for Indian law to apply.

Any member requiring a copy of these clauses should contact:John Fawcett-Ellis john.fawcett-ellis@intertanko.com