COVID-19에 따른 용선계약 상 이슈 및 P&I 보상

Abstract

This is a study on various aspects of charters/carriage contract and ship operation after the COVID-19 spread. The widespread of COVID-19 globally has many impacts on shipping. It has rendered border closure, lockdown, extended quarantine etc and these are certainly issues for legal consideration. Common questions related to charters and carriage contract after the COVID-19 spread are as follows: whether a carriage contract can be cancelled when the intended port is closed due to COVID-19, whether the carrier can diverse to a different port for the cargo discharge and whether a port is unsafe attributable to that it is a COVID-19 affected port. As regards voyage charter, the focus is on how commencement of laytime would be affected by the COVIDー19　restrictions and whether the charterers can be relieved from demurrage liability and obligation to provide cargo based on exception and force majeure clause. As regards time charter, the study is on the owner’s obligation to maintain the ship’s seaworthiness and whether the vessel can deviate without liability as well as to put her off hire if a crew is infected. The crew change is one major issue recently and this article considers the BIMCO crew change clause. In addition, BIMCO Infectious or Contagious Disease Clause and equivalent COVID-19　protection set by INTERTANKO are considered. Finally, P&I　cover in relation to infected crew care and quarantine expense is reviewed.