è±å½æ马æ¯ç±³åæéå ¬å¸å¤§ä¸ååºé讯 - UK P&I Members Area
è±å½æ马æ¯ç±³åæéå ¬å¸å¤§ä¸ååºé讯 - UK P&I Members Area
è±å½æ马æ¯ç±³åæéå ¬å¸å¤§ä¸ååºé讯 - UK P&I Members Area
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<strong>UK</strong> Defence Club Feature-8 therefore, if they remain able to pay, must exerciseWithdrawal disputes. Withdrawal of a ship is a drastic step withIn a buoyant market, issues overthe length of and rate for fixturesare highlighted. As the market rises,owners will want their shipsredelivered at the earliest possiblemoment in order to refix at moreattractive rates. Conversely,charterers will be trying to squeezeas many voyages out of the fixture,either directly or by lucrative subcharters.Withdrawal of a ship on timecharter is the owner s traditionalremedy against non-payment by adefaulting charterer. However, in abuoyant market, the remedy may beput to a different commercial use.Owners who have fixed at belowthe current market rate will beanxious to ensure that they receivepayment under those fixtures. Theymay also however hope for atechnical slip from charterers in payment of hire,giving them a right to withdraw for non-paymentbefore the fixture has run its full course. Charterersextreme caution to avoid such slips.These conflicting aims can lead to costlymany pitfalls. It should only be used as an ultimatesolution and always only after seeking legal advice.This article will summarise the key issues but is inno way a substitute for full legal advice relevant toeach particular situation.1. Is there an automatic right to withdraw?Late payment of hire alone does not give theowner a right to withdraw. However, mostcharterparties will contain an express clause that, indefault of regular and punctual payment, will give theowner the right to withdraw the ship from the