Lien

Arbitration: (Clause 17). An essential part of any contract. The ASBATIME specifies New York, since the charterparty is drafted and published by a body resident in New York. Frequently, however, this clause is either deleted and replaced by a rider arbitration clause specifying some other venue, or the reference to ‘New York’ in the clause wording is replaced by, say, ‘London’. Lien: (Clause 18). Just as an element of voyage charters, see above, each party’s right of lien must be considered and stipulated. Assignment: (Preamble lines 31/33). Defines a charterer’s right to sub-let the vessel to another charterer. Exceptions: (Clause 16). Similar to the voyage charter clause. Requisitioning: (Clause 33). Arrangements in the event a vessel be requisitioned by the government of her flag state. Bills of Lading: (Clause 8). Specifies the manner in which bills of lading are to be drawn up, the signing of same, and protection for an owner in case of paper inconsistencies. Stevedore Damage: (Clause 35). Provision for notification of stevedore damages and repairs. Commissions: (Clauses 26 & 27). Specifies amount and to whom commissions and brokerages are payable. Protective Clauses: You will recognise most of the protective clauses from the above comments under the elements of a voyage charterparty, including, Clauses Paramount; New Both to Blame Collision; and the New Jason. It is important, however, that only War Clauses designed for time charterparties are used – not voyage clauses. In case of a major war between the so-called ‘super-powers’, or involving nations connected in some way with the charterparty, the contract may become null and void. Thus is it common practice to incorporate a clause to this effect, listing the nations involved and spelling out the rights and remedies of the parties in the event of such war-like activities. There is also protection for an owner (see the last paragraph of Clause 16) for the vessel to have various ‘liberties’. As in the voyage charterparty counterpart, the object of a time charter ice clause should be to prevent a Master being left with no alternative but to proceed to a contractual destination irrespective of ice conditions. Clause 24 achieves this to a certain degree.