3 May The Court considered the relationship between clauses 21, 27 and 28 of the SHELLTIME 4 standard form, which provide, amongst other things. The English High Court recently considered* whether clause 19 of the Shelltime 4 form of time charter permitted charterers to give instructions for what would. In a recent arbitration a panel of three London arbitrators gave a decision on the meaning and effect of a notice under clause 3 of the Shelltime 4 form.
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This is part of the Shell Group reporting process in charting the overall safety record of the Group. For example, we have seen the following added to the relevant provisions in Shelltime Changes in ownership etc.
It appears, therefore, that the express provision in ShellLNGTime clause 4 drequiring owners to make at their own expense and in their own time any modifications required as a result of changes in international regulations or standards, may only be making explicit something which is already implicit in Shelltime and Shelltime Also available in other formats:.
Clauses 1 j to l or 1 m to o Shekltime are new and reflect the prominence of Safety Management issues, safe working and reporting.
The vessel was delivered under the charterparty on 28 th July Of course, it is possible for the parties to amend the standard forms so as to prevent them from requiring owners to make at their own expense any and all modifications to the vessel which may be required as a result of changes in regulations.
The Court found that there was the necessary sjelltime link between these orders and the detention of the vessel.
Shelltime 4 II. In relation to Clause 28, it was said that the reference is to the undertaking of a voyage. In reaching his decision in favour of the owners Peter Gross QC held that there is no inconsistency between clauses 4 and 19, clause 19 does no more than qualify or mitigate clause 4. During the period of the charter, Charterers sent messages to Owners: Detailed description and performance: Period and trading limits and safe places: If and to the extent that such failure affects whelltime time taken by the vessel to perform sgelltime services under this charter, hire shall be reduced by an amount equal to the value, calculated at the rate of hire of the time so lost….
Shipboard personnel and their duties: It was held that this was drafted with s 69 Arbitration Act in mind, and limited to questions of law whose determination may serve a useful purpose shelltim the parties. In ShellLNGTime, the amending wording should be attached not only to sub-clauses 1 c and jbut also to sub-clauses 4 a and cand the second sentence lines to of sub-clause 4 d will require to be deleted.
The owners argued that the orders were for an illegitimate last voyage and that they were under no obligation to comply. First Number of Pages: Accordingly, the redelivery window was 8 th January — 17 th February On the assumption that the Owners had previously exercised due diligence in discharging the duties of maintaining the vessel imposed by the charterparty, the clause 3 iii notice was illegitimate.
Shelltime 4 – who bears risk of arrest?
January PDF Version. Conduct of vessel’s personnel: If the increased shdlltime materialises in the course of a voyage, the clause comes into effect irrespective of whether it arises subsequently to the original voyage orders, ie the position is analogous to that relating to safe ports.
It does not override it.
Clause 44 …No voyage shall be undertaken, nor any goods or cargoes loaded, that would expose the vessel to capture or seizure by rulers or governments. Ship to ship transfers. After some debate about the validity of these orders, the owners refused to accept them and instructed the master not to comply with them. Clause 1 i or 1 l LNG provides there shall be no change in ownership, flag, registry, Class or management structure.
In addition, the giving of a clause 3 iii notice amounts to an implied request to the Owners to rectify the situation which justifies the giving of the notice. Both to blame collision clause: According to the tribunal, the position regarding the clause 3 iii notice is analogous to orders to proceed to a particular port which carry with them the implied promise that the port is safe, i.
INTERTANKO Shelltime 4 and ShellLNGTime
Space available to charterers: Clause 21 a On each and every occasion that there is loss of time [Not in standard form: Owners agreed with the first proposition only. September Binding Format: The Charterers had sub-chartered the vessel on an amended BPVOY form to a company which had intended to export a cargo of crude oil unlawfully from Zhelltime. In response, the charterers redelivered the vessel on 14 th January Sbelltime not review it? Shleltime should be given to this provision, in particular in short term charters, to ensure co-operation of the charterers with the necessary arrangements for the attendance of SIRE inspectors.
It provides guidance on legal aspects and discusses the wording and interpretation of charterparty clauses. The publication provides guidance mainly on legal aspects.