MINISTRY OF EDUCATION AND SCIENCE

OF UKRAINE

NATIONAL UNIVERSITY

«ODESA ACADEMY OF LAW»

Maritime and Customs Law Department

V.V. Serafimov, d.O. Nikisha

SHIPPING LAW

PRACCTICAL TIME CHARTERING

METHODOLOGICAL MANUAL

on the course of lectures in English

for Law students and post-graduates

of the National University «Odesa Academy of Law»

Odesa

2014

The author’s appreciation goes to the President of the National

University «Odesa Academy of Law», Academician Sergiy V. Kivalov

for the encouragement and development of the project of studying Legal

disciplines in English and for publishing this methodological manual

Discussed and approved at the meeting of the Academic Council of the National University «Odesa Academy of Law», protocol № ............

Serafimov V.V., Nikisha D.O. Shipping Law: practical time chartering : methodological manual / V.V. Serafimov, D.O. Nikisha // National University «Odesa Academy of Law». - Odesa: Feniks, 2014,..- 1.. p. .

© Serafimov V.V., Nikisha D.O., 2014 © National University

ISBN 978-966-438-541-8 «Odesa Academy of Law», 2014

Introduction

Welcome "aboard". Shipping is the physical process of transporting goods and cargo. Virtually the product ever made, bought or sold - has been affected by shipping. There are only three basic types of shipments, despite many variables in shipped products and locations: land, air and sea. This methodical manual is concerned with some features of Maritime law, Shipping law in the context of the goods carriage by sea.

Shipping law is highly commercial and international. It is a unique practice area providing opportunities to combine economic theory to legal and technological practice. Efficient transport networks are integral to a healthy world economy. Effective rules of governing these methods of transportation or the involved subjects in these operations are essential in ensuring business efficacy and certainty. Arguably, such rules are crucial in keeping international trade afloat and preventing the global economy from falling into an irrecoverable abyss (and we don’t mean the subterranean ocean). In any event, we hope that this methodical manual will shed some light on a branch of the law deserves to be thoroughly studied at undergraduate level.

This course will provide a study of basic academic knowledge developing of Shipping Law and increase the understanding of how commercial trade ventures may rise to legal issues. This course offers an outstanding opportunity to gain detailed knowledge of both the contractual framework and practical application of Time Charterparties.

This course has been specifically made for students of 3rd - 5^th course of education. This course is also important to those who wish to acquire the expertise process in Shipping Law.

Aim and Objectives of the course:

This course aimed at studying of the shipping law and its practical application. Also this course will give a high level of knowledge of the most critical aspects of Shipping Law.

After successfully completing of this course students will get:

- understanding of the main principles of Shipping Law;

- understanding of the overall context in which the principles of Shipping Law operates;

- skills for analyzing of the practical problems;

- skills for applying of the relevant law to problems that can arise in practice;

- knowledge of the contractual framework of charterparties;

- knowledge of the owners obligations and charterers rights.

LECTURE COURSE “SHIPPING LAW: PRACTICAL TIME CHARTERING”

Legal characteristics and commercial use

Lecture 1. Shipping law. Charterparties: introduction

1. Definition of shipping law

2. Charterparty, types of charterparties

3. Standard forms of charterparties time

4. Definition of a ship

5. Ships crew

6. Ship registration

7. Ship document

8. Description of a vessel

Lecture 2. General contractual terms

1. Charterparty period

2. Commencement of a period

3. Extension of hire period

4. Redelivery of a vessel

5. Clause "Paramount"

6. Bill of Lading

Lecture 3. Owners’ contractual obligations, rights and remedies

1. Provision of substitute vessel

2. Seaworthiness

3. Maintaining the vessel

4. Obligation in relation to loading, discharging and carriage

5. Lien clauses.

6. Indemnity clauses.

Lecture 4. Charters’ contractual obligations, rights and remedies

1. Rights and obligation of a charterer in respect of a vessel

2. Charterer redelivery obligation

3. Liability clause

4. Charterers relation with a ship master

5. Lawful directions and orders

Lecture 5. Chartering negotiations

1. Ship Chartering & its Role in World Trade

2. The Charter Market

3. A chartering negotiation

4. Service of shipbrokers.

THEME 6. Freight and Hire