IMO 2020년 황산화물 규제에 따른 용선계약상 고려사항

Abstract

The International Maritime Organisation(IMO) has ruled that from 1st January 2020, the maximum fuel oil sulphur limit will be regulated to meet 0.5%m/m. This regulation gives a huge impact to the charterparty scheme due to the uncertainty. Also, legal disputes or issues are readily and objectively expected to the charter for the vessel with equivalents such as scrubbers. These changes raise difficult questions. For instance, the Charterers in time charter would be confronted with the claim against the Owners as to the issue of which specification of bunker should be supplied on account of the significant discrepany of specification between bunker with high sulphur and low sulphur. In a voyage charter, the Owners may be placed at a risk to deviate from the intended voyage for the supply of bunkers. In addition, parties to the COA shall allocate the risks derived from the increase of price by using bunker with low sulphur. In order to prepare for such contingencies, this article analyses legal issues which may be raised in current charterparties after the implementation of IMO’s regulation. In addition, clauses issued by BIMCO and INTERTANKO would be examined and some suggestion would be made in order to cover the insufficient effect to clauses. Also, it explores the legal issues in related to the charterparty with equivalents