2006: Conference Proceedings
Articles

Bird Flu, SARS and their effect on Charterparties

Published 2006-09-27

Keywords

  • quarantine measures,
  • pandemics,
  • epidemics,
  • charterparties,
  • time charterparty,
  • voyage charterparty,
  • shipowner liability,
  • shipowner obligations,
  • cargo interest,
  • NYPE 46,
  • SHELLTIME 4,
  • vessel hire costs,
  • charter hire,
  • off-hire clauses,
  • exceptions clauses,
  • free pratique,
  • Asbatankvoy form,
  • laytime,
  • safe port,
  • Hague Rules 1924,
  • Hague-Visby Rules,
  • carrier liability,
  • carrier liability exemptions,
  • arrest or restraint of princes, rulers or people,
  • The 'Golden Victory',
  • arbitration
  • ...More
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Abstract

East's paper explores how widespread illness and the surrounding issues such as quarantine measures imposed at ports still have the potential to cause serious problems for all involved in the shipping industry. To illustrate this, East considers SARS (Severe Acute Respiratory Syndrome) and the H5N1 strain of Avian Flu, which have both been a cause of concern for the shipping industry in recent times. He briefly examines the effect of quarantine measures taken in response to an outbreak of a highly infectious disease such as SARS and Bird Flu on, firstly, the obligations of owners and charterers under time and voyage charterparties, and secondly, the liability of owners to third party cargo claimants. East concludes with a case study of the 'Golden Victory'.

The paper also contains East's slides for his presentation.