영미법상 선박의 속력과 연료소모량 유지에 대한 선박소유자의 의무에 관한 연구

Abstract

The increase and reduction of vessel's speed and fuel consumption have an important affection upon the profit and loss of the voyage concerned, especially due to the rapid increase of oil price. Accordingly, the Time Charterers lodge a claim or, sometimes, readjust the hire in this regard, in case the Shipowners breach the warranty about vessel's speed and fuel consumption in the time charter party. Although the disputes about vessel's speed and fuel consumption occur most frequently, it is too difficult for the claim amount to be approved with perfect evidences. Accordingly, the disputes tend to be solved by negotiation between the Shipowners and the Time Charterers rather than in the arbitration or in the court. As the arbitration or jurisdiction in the time charter party is, in most cases, in England or in America, I will review the disputes about vessel's speed and fuel consumption through the analysis of the cases of the England and America. This study is significant in that by studying the possibility and amount of the claim, it will contribute to assist people in chartering business to acquire the relevant knowledge in legal aspects.