Perlindungan Hukum Terhadap Perusahaan Pelayaran Atas Wanprestasi Pencarter dalam Perjanjian Pengangkutan

Shipping companies are one of the parties that are vulnerable to becoming victims of default in a charter party agreement, thus in practice shipping companies as carriers always apply clauses of retention rights and sell cargo clauses in their charter party agreement. This research is a follow-up to earlier research that has discovered that charterers often commit acts of default, where this research focuses on legal protection for shipping companies in the event of default by charterers. This research is qualitative research using normative juridical research methods based on laws and case approach. A Charter party agreement is a legal relationship between the carrier and the charterer where the carrier binds himself to organize the transportation, nn the other hand the charterer binds himself to make payments. By the act of default committed by Bintang Sarana Laut, Co. Ltd. (charterer), Bendera Bahtera Kemenangan, Co. Ltd. (carrier) can terminate the agreement unilaterally without prejudice to their rights to demand reimbursement of costs, compensation, and interest. The law also gives the rights to Bendera Bahtera Kemenangan, Co. Ltd. to request guarantee before the cargo is delivered to Bintang Sarana Laut, Co. Ltd. But if Bintang Sarana Laut, Co. Ltd. doesn’t wish to provide any guarantee, Bendera Bahtera Kemenangan, Co. Ltd. can store the cargo and may file a lawsuit against Bintang Sarana Laut, Co. Ltd. and make a request to the court to give power for Bendera Bahtera Kemenangan, Co. Ltd. to sell the cargo as payment for charter and storgae fees. The method used by Bendera Bahtera Kemenangan, Co. Ltd. in resolving the default disputes in the charter party agreement is through a consensus deliberation mechanism

An Analysis of the Academic Fleet Insurance Program

The academic research fleet is experiencing an increase in the cost of operations. Some members of the fleet are feeling a dramatic rise in operational costs in the area of marine insurance and a decrease in the availability of insurance. The academic fleet is referred to as the University-National Oceanographic Laboratory System (UNOLS) fleet. It is composed of 25 ships which are operated by 18 institutions. The vessels are owned outright or operated under a charter party agreement from the National Science Foundation (NSF) and the Office of Naval Research (ONR). The National Science Foundation and ONR are also the major funding agencies for the academic fleet. In the current era of declining funds, the operator must utilize the available funds in the most efficient manner. Therefore, the major funding agencies and the vessel operators have become increasingly interested in insurance programs which could provide the desired coverage at greater savings. There are several group insurance programs that could result in a net savings for the fleet. The range of programs include volume purchasing, mutual or P & I clubs, and self-insurance

Arcadia Petroleum v. Sun Intl Ltd

USDC for the Eastern District of Pennsylvani

The Mayflower, the Rapsody and other recent company law cases

Company law means much more than the Companies Act of 1995. Other laws contribute important additions to the subject. Significant examples are the Malta Stock Exchange Act and the Investments Services Act. Another important part is also played by the type of advice that lawyers give to their clients and how these laws are generally interpreted and applied in practice. Court decisions are another potentially significant source of guidance and interpretation. They apply legal principles to the facts presented before the court by the parties in dispute.peer-reviewe

Safe Port and Berth Provisions in Time Charter Agreements: Apportioning Liability to Deter Accidents and Minimize Costs

This article surveys the safe port and berth provisions that typically are found in charter party agreements. The author argues that courts and arbitrators often interpret these provisions unpredictably and inconsistently, creating uncertainty in maritime transactions. The author concludes by proposing a solution to this problem and offers a model safe berth provision that the parties to a charter should incorporate into their agreement

Spartan Daily February 12, 2013

Volume 140, Issue 9https://scholarworks.sjsu.edu/spartandaily/1376/thumbnail.jp