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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
W ithdrawal from Timecharters charterer s service. This is usually found within standard form clauses. For example, NYPE 46 provides:Payment of said hire to be made in New York incash in United States Currency, semi monthly in advance ..otherwise failing the punctual and regular payment of hire, or bank guarantee, or any breach of this Charter Party, the Owners shall be at liberty to withdraw the vessel from the service of the Charterers without prejudice to any claim they (the Owners) may otherwise have on the Charterers . In the absence of an express right to withdraw, generally, the owner s remedy for non-payment will be to sue for debt. Sometimes charterers mayindicate a clear intention not to perform the contractby express repudiation of their obligations, or byrepeated non-payment. The owner can accept thatrepudiation and bring the contract to an end. Thisalso exposes the charterer to a claim for damages.2. When can the owner withdraw?The right to withdraw arises when the chartereris in default of payment of all or part of the hire due.Default does not have to be deliberate. It is vitaltherefore for a charterer to pay close attention to theprovisions of the hire clause. The smallest slip on hispart may allow the owner to withdraw. It is immaterialthat the slip was due to an oversight or difficulty withthe banking system effecting a payment. Compliancewith the obligation to pay hire punctually is strict.The owner cannot however anticipate acharterer s default. In a recent case, an ownerpurported to terminate by sending an e-mailmessage to the charterer. Whilst the messagearrived at the charterer s office after the hire becamedue, at the time it was sent, the charterer was not yet in default. The court held that the notice given was premature. The withdrawal was therefore illegitimate. 3. What if the charterer pays after the due date? Payment of hire after the due date will not deprive the owner of his right to withdraw. If payment9
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