Hợp đồng vận chuyển hàng hóa quốc tế bằng đường biển và vấn đề hoàn thiện

BỘ GIÁO DỤC VÀ ĐÀO TẠO BỘ TƯ PHÁP TRƯỜNG ĐẠI HỌC LUẬT HÀ NỘI HÀ VIỆT HƯNG HỢP ĐỒNG VẬN CHUYỂN HÀNG HOÁ QUỐC TẾ BẰNG ĐƯỜNG BIỂN VÀ VẤN ĐỀ HOÀN THIỆN PHÁP LUẬT VIỆT NAM LUẬN ÁN TIẾN SỸ LUẬT HỌC Hà Nội 2017 BỘ GIÁO DỤC VÀ ĐÀO TẠO BỘ TƯ PHÁP TRƯỜNG ĐẠI HỌC LUẬT HÀ NỘI HÀ VIỆT HƯNG HỢP ĐỒNG VẬN CHUYỂN HÀNG HOÁ QUỐC TẾ BẰNG ĐƯỜNG BIỂN VÀ VẤN ĐỀ HOÀN THIỆN PHÁP LUẬT VIỆT NAM Chuyên ngành: Luật quốc tế Mã số: 62 38 01 08 LUẬN ÁN TIẾN SỸ LUẬT HỌC Người hướng dẫn khoa học: PGS TS Đoàn Năng PGS TS Nông Quốc Bình Hà Nội 2017 LỜI CAM ĐOAN Tôi xin cam đoan công trình nghiên cứu riêng Nội dung số liệu trình bày luận án hoàn toàn trung thực Những kết luận khoa học luận án chưa công bố trông công trình khác TÁC GIẢ LUẬN ÁN Hà Việt Hưng DANH MỤC TỪ VIẾT TẮT AAA : Hiệp hội trọng tài Hoa Kỳ AFTA : Khu vực thương mại tự ASEAN APEC : Diễn đàn hợp tác kinh tế châu Á - Thái Bình Dương ASEAN : Hiệp hội nước Đông Nam Á AWES : Hiệp hội đóng tàu Tây Âu BIMCO : Công hội hàng hải quốc tế vùng Ban tích BLDS : Bộ luật dân BLHH : Bộ luật hàng hải CISG : Công ước Viên Liên hợp quốc mua bán hàng hoá quốc tế năm 1980 CMI : Ủy ban hàng hải quốc tế ĐƯQT : Điều ước quốc tế HĐVCHH : Hợp đồng vận chuyển hàng hóa ICC : Phòng Thương mại quốc tế IMF : Quỹ tiền tệ quốc tế IMO : Tổ chức hàng hải quốc tế INCOTERMS : Các điều kiện thương mại quốc tế L.M.A.A : Hiệp hội Trọng tài hàng hải London PICC : Nguyên tắc hợp đồng thương mại quốc tế SCMA : Phòng Trọng tài hàng hải Singapore TQTMQT : Tập quán thương mại quốc tế UCP : Quy tắc thực hành thống tín dụng chứng từ UNCITRAL : Ủy ban Liên hợp quốc luật thương mại quốc tế UNCTAD : Hội nghị Liên hợp quốc thương mại phát triển VIAC : Trung tâm Trọng tài quốc tế Việt Nam WTO : Tổ chức thương mại giới MỤC LỤC MỞ ĐẦU CHƯƠNG 1: TỔNG QUAN TÌNH HÌNH NGHIÊN CỨU LIÊN QUAN ĐẾN ĐỀ TÀI LUẬN ÁN 1.1 Công trình khoa học có liên quan đến đề tài luận án .8 1.1.1 Công trình khoa học nước 1.1.2 Công trình khoa học nước 19 1.2 Đánh giá tổng quan tình hình nghiên cứu .23 1.2.1 Khái niệm, đặc điểm Hợp đồng vận chuyển hàng hóa quốc tế đường biển 23 1.2.2 Nguồn luật điều chỉnh hợp đồng vận chuyển hàng hóa quốc tế đường biển .24 1.2.3 Nội dung hợp đồng vận chuyển hàng hóa quốc tế đường biển 25 1.2.4 Giải tranh chấp liên quan đến vận chuyển hàng hóa quốc tế đường biển 26 1.2.5 Quan điểm giải pháp hoàn thiện pháp luật Việt Nam hợp đồng vận chuyển hàng hóa quốc tế đường biển 27 1.2.6 Kiến nghị Việt Nam gia nhập công ước quốc tế vận chuyển hàng hóa đường biển 29 1.3 Những nội dung cần giải luận án 31 KẾT LUẬN CHƯƠNG 33 CHƯƠNG 2: NHỮNG VẤN ĐỀ LÝ LUẬN VỀ HỢP ĐỒNG VẬN CHUYỂN HÀNG HÓA QUỐC TẾ BẰNG ĐƯỜNG BIỂN 35 2.1 Tổng quan hợp đồng vận chuyển hàng hóa quốc tế đường biển 35 2.1.1 Khái niệm hợp đồng vận chuyển hàng hóa quốc tế đường biển 35 2.1.2 Đặc điểm hợp đồng vận chuyển hàng hóa quốc tế đường biển 40 2.1.3 Phân loại hợp đồng vận chuyển hàng hóa quốc tế đường biển 43 2.2 Pháp luật hợp dồng vận chuyển hàng hóa quốc tế đường biển 47 2.2.1 Lịch sử hình thành phát triển pháp luật hợp đồng vận chuyển hàng hóa quốc tế đường biển 48 2.2.2 Nguồn luật điều chỉnh hợp đồng thuê tàu chợ 56 2.2.3 Nguồn luật điều chỉnh hợp đồng thuê tàu chuyến .65 KẾT LUẬN CHƯƠNG 69 CHƯƠNG 3: QUI ĐỊNH CỦA PHÁP LUẬT VIỆT NAM VÀ ĐIỀU ƯỚC QUỐC TẾ VỀ HỢP ĐỒNG VẬN CHUYỂN HÀNG HÓA QUỐC TẾ BẰNG ĐƯỜNG BIỂN 70 3.1 Đối tượng hợp đồng vận chuyển hàng hóa quốc tế đường biển 70 3.2 Chủ thể hợp đồng vận chuyển hàng hóa quốc tế đường biển 73 3.2.1 Người vận chuyển hợp đồng vận chuyển hàng hóa quốc tế đường biển 73 3.2.2 Người thuê vận chuyển hợp đồng vận chuyển hàng hóa đường biển .74 3.3 Nội dung hợp đồng thuê tàu chuyến vận chuyển hàng hóa quốc tế đường biển 76 3.4 Nghĩa vụ trách nhiệm bên hợp đồng vận chuyển hàng hóa quốc tế đường biển theo chứng từ vận chuyển 85 3.4.1 Nghĩa vụ trách nhiệm người gửi hàng 85 3.4.2 Nghĩa vụ trách nhiệm người chuyên chở 89 3.5 Đặc thù giải tranh chấp hợp đồng vận chuyển hàng hóa quốc tế đường biển .109 3.5.1 Giải tranh chấp hợp đồng vận chuyển hàng hóa quốc tế đường biển án 110 3.5.2 Giải tranh chấp hợp đồng vận chuyển hàng hóa quốc tế đường biển trọng tài hàng hải .112 KẾT LUẬN CHƯƠNG 121 CHƯƠNG 4: QUAN ĐIỂM VÀ GIẢI PHÁP HOÀN THIỆN PHÁP LUẬT 123 VIỆT NAM VỀ HỢP ĐỒNG VẬN CHUYỂN HÀNG HÓA QUỐC TẾ BẰNG ĐƯỜNG BIỂN .123 4.1 Quan điểm hoàn thiện pháp luật việt nam hợp đồng vận chuyển hàng hóa quốc tế đường biển .123 4.1.1 Sự cần thiết phải hoàn thiện pháp luật Việt Nam hợp đồng vận chuyển hàng hóa quốc tế đường biển 123 4.1.2 Thuận lợi, khó khăn việc hoàn thiện pháp luật Việt Nam hợp đồng vận chuyển hàng hóa quốc tế đường biển .128 4.2 Các giải pháp hoàn thiện pháp luật việt nam hợp đồng vận chuyển hàng hóa quốc tế đường biển .134 4.2.1 Hoàn thiện qui định Bộ Luật hàng hải Việt Nam để phù hợp với thực tiễn thông lệ quốc tế .134 4.2.2 Ký kết gia nhập công ước quốc tế chuyên chở hàng hóa đường biển 139 4.2.3 Một số giải pháp khác góp phần đẩy mạnh bảo đảm hiệu thực thi pháp luật vận chuyển hàng hóa đường biển Việt Nam .142 KẾT LUẬN CHƯƠNG 148 KẾT LUẬN 149 DANH MỤC CÔNG TRÌNH KHOA HỌC CỦA TÁC GIẢ ĐÃ CÔNG BỐ LIÊN QUAN ĐẾN LUẬN ÁN 152 DANH MỤC TÀI LIỆU THAM KHẢO 153 PHỤ LỤC MỞ ĐẦU Tính cấp thiết việc nghiên cứu đề tài Trong năm gần Việt Nam đẩy mạnh trình hội nhập kinh tế quốc tế, tích cực tham gia chế song phương đa phương hợp tác quốc tế, đặc biệt lĩnh vực thương mại Việt Nam nước có tiềm vận tải biển lớn, với bờ biển trải dài 3200 km từ Móng Cái đến Hà Tiên, có tới 300 cảng biển với qui mô lớn nhỏ loại Đánh giá tầm quan trọng kinh tế vận tải biển, Đảng Nhà nước ta có sách đắn để khuyến khích hoạt động kinh tế liên quan đến biển Nghị số 09 – NQ/TW ngày 9/2/2007 Hội nghị Ban chấp hành Trung ương Đảng lần thứ khóa X Chiến lược biển Việt Nam đến năm 2020 xác định mục tiêu đưa nước ta trở thành quốc gia mạnh biển, làm giàu từ biển, với mục tiêu cụ thể phấn đấu để kinh tế biển ven biển đóng góp khoảng 53- 55% tổng GDP nước Điều cho thấy, với tốc độ tăng trưởng nhanh chóng thương mại quốc tế, kinh tế Việt Nam trình hội nhập phát triển, ngành vận tải biển ngành kinh tế mũi nhọn đặc biệt trọng Chủ trương chủ động, tích cực hội nhập kinh tế quốc tế khẳng định nhiều văn kiện Nghị số 07-NQ/TW ngày 27/11/2001 Bộ Chính trị hội nhập kinh tế quốc tế, Nghị số 08-NQ/TW ngày 5/2/2007 Ban chấp hành trung ương số chủ trương sách lớn để kinh tế phát triển nhanh bền vững Việt Nam thành viên Tổ chức thương mại giới (WTO), Nghị số 48-NQ/TW ngày 24/5/2005 Chiến lược xây dựng hoàn thiện hệ thống pháp luật Việt Nam đến năm 2010, định hướng đến năm 2020, Nghị 49-NQ/TW ngày 24/5/2005 Chiến lược cải cách tư pháp đến năm 2020, Nghị số 22-NQ/TW ngày 10/4/2013 Bộ Chính trị hội nhập quốc tế… Trong năm qua, vận chuyển hàng hóa đường biển không ngừng phát triển đóng vai trò quan trọng hàng hải giới Ở Việt Nam, vận tải đường biển thực có ý nghĩa quan trọng Ước tính lượng hàng hóa quốc tế vận chuyển chiếm tới 80% tổng lưu lượng hàng hóa xuất nhập Việt Nam, nhiều công ty vận chuyển đường biển xuất ngày phát triển cần phải có qui định pháp luật điều chỉnh phù hợp Sự đời Bộ Luật hàng hải Việt Nam 2005 đánh dấu bước phát triển thị trường vận chuyển hàng hóa quốc tế đường biển Việt Nam Trên sở đó, thương nhân Việt Nam có sở pháp lý đầy đủ cho việc ký kết hợp đồng vận chuyển hàng hóa quốc tế đường biển Trong thực tế Bộ Luật hàng hải Việt Nam ban hành năm 2015 có hiệu lực vào ngày 01/7/2017, nhiên pháp luật Việt Nam điều chỉnh hoạt động vận tải hàng hóa quốc tế đường biển tồn bất cập, có qui định chưa rõ ràng, thống nhất, chưa phù hợp với tình hình thực tiễn chưa phù hợp với công ước quốc tế vận tải biển Thực tiễn thời gian qua cho thấy hầu hết hợp đồng thương mại hàng hải quốc tế bên Việt Nam đối tác nước ngoài, bên thường lựa chọn quan tài phán nước luật áp dụng phần lớn áp dụng công ước quốc tế vận tải biển, pháp luật nước để điều chỉnh quan hệ hợp đồng có tính chất quốc tế Điều gây nhiều bất lợi cho bên Việt Nam việc đàm phán thực hợp đồng vận chuyển hàng hóa quốc tế đường biển với đối tác nước Do đó, Việt Nam cần thiết phải xây dựng môi trường pháp lý thống nhất, ổn định, an toàn, minh bạch, thuận lợi cho giao dịch hợp đồng vận chuyển hàng hoá đường biển quốc tế phù hợp với yêu cầu hội nhập quốc tế chuẩn mực quốc tế theo hướng tiếp thu có chọn lọc chuẩn mực pháp lý quốc tế nhằm hoàn thiện pháp luật Việt Nam hợp đồng vận chuyển đường biển Hiện nay, Việt Nam trở thành thành viên Tổ chức Thương mại giới, yêu cầu đặt Việt Nam cần phải tiếp tục sửa đổi, bổ sung, hoàn thiện qui định pháp luật Việt Nam điều chỉnh hoạt động dịch vụ vận chuyển hàng hóa quốc tế đường biển cho phù hợp với yêu cầu thực tiễn Việt Nam thực tiễn thương mại, hàng hải quốc tế Hoàn thiện pháp luật Việt Nam hợp đồng vận chuyển hàng hoá quốc tế đường biển nhằm bảo vệ quyền lợi ích đáng cho bên giao dịch hợp đồng vận chuyển hàng hoá quốc tế đường biển, thúc đẩy quan hệ hợp tác thương mại hàng hải Việt Nam với quốc gia giới Vì lẽ đó, việc nghiên cứu vấn đề pháp lý hợp đồng vận chuyển hàng hóa quốc tế đường biển có ý nghĩa cấp thiết mang tính thời giai đọan Chính tác giả chọn đề tài “Hợp đồng vận chuyển hàng hóa quốc tế đường biển vấn đề hoàn thiện pháp luật Việt Nam” làm luận án Tiến sỹ, với mong muốn nghiên cứu thành công đề tài góp phần làm rõ vấn đề lý luận hợp đồng vận chuyển hàng hóa quốc tế dường biển, pháp luật hợp đồng vận chuyển hàng hóa quốc tế đường biển đánh giá thực tiễn áp dụng pháp hợp đồng vận chuyển hàng hóa quốc tế đường biển Việt Nam Trên sở đó, xác định quan điểm giải pháp hoàn thiện pháp luật hợp đồng vận chuyển hàng hóa quốc tế Việt Nam Đối tượng phạm vi nghiên cứu luận án + Đối tượng nghiên cứu: - Qui định pháp luật Việt Nam hợp đồng vận chuyển hàng hóa quốc tế đường biển mối tương quan với qui định pháp luật quốc tế - So sánh qui định pháp luật Việt Nam với công ước quốc tế vận tải biển pháp luật số nước giới hợp đồng vận chuyển hàng hóa quốc tế đường biển - Thực tiễn áp dụng qui định pháp luật hành hợp đồng vận chuyển hàng hóa quốc tế đường biển + Phạm vi nghiên cứu: Luận án tập trung nghiên cứu qui định pháp luật Việt Nam hợp đồng vận chuyển hàng hóa quốc tế đường biển mối tương quan với công ước quốc tế vận tải biển so sánh, đối chiếu với pháp luật số quốc gia hợp đồng vận chuyển hàng hóa quốc tế đường biển Mục đích nhiệm vụ nghiên cứu luận án + Mục đích luận án: làm rõ vấn đề lý luận hợp đồng vận chuyển hàng hóa quốc tế đường biển, pháp luật hợp đồng vận chuyển hàng hóa quốc tế đường biển đánh giá thực tiễn áp dụng pháp luật hợp đồng vận chuyển hàng hóa quốc tế đường biển Việt Nam Trên sở PART II “BARECON 89” Standard Bareboat Charter 14 15 insurances provided for under the provisions of sub-clause (b) in the manner described therein, the Owners shall notify the Charterers whereupon the Charterers shall rectify the position within seven running days, failing which the Owners shall have the right to withdraw the Vessel from the service of the Charterers without prejudice to any claim the Owners may otherwise have against the Charterers (c) In the event that any act or negligence of the Charterers shall vitiate any of the insurance herein provided, the Charterers shall pay to the Owners all losses and indemnify the Owners against all claims and demands which would otherwise have been covered by such insurance (d) The Charterers shall, subject to the approval of the Owners or Owners’ Underwriters, effect all insured repairs, and the Charterers shall undertake settlement of all miscellaneous expenses in connection with such repairs as well as all insured charges, expenses and liabilities, to the extent of coverage under the insurances provided for under the provisions of sub-clause (a) of this Clause The Charterers to be secured reimbursement through the Owners’ Underwriters for such expenditures upon presentation of accounts (e) The Charterers to remain responsible for and to effect repairs and settlement of costs and expenses incurred thereby in respect of all other repairs not covered by the insurances and/or not exceeding any possible franchise(s) or deductibles provided for in the insurances (f) All time used for repairs under the provisions of sub-clause (d) and (e) of this Clause and for repairs of latent defects according to Clause above, including any deviation, shall count as time on hire and shall form part of the Charter period The Owners shall not be responsible for any expenses as are incident to the use and operation of the Vessel for such time as may be required to make such repairs (g) If the conditions of the above insurances permit additional insurance to be placed by the parties such cover shall be limited to the amount for each party set out in Box 28 and Box 29, respectively The Owners or the Charterers as the case may be shall immediately furnish the other party with particulars of any additional insurance effected, including copies of any cover notes or policies and the written consent of the Insurers of any such required insurance in any case where the consent of such Insurers is necessary (h) Should the Vessel become an actual, constructive, compromised or agreed total loss under the insurances required under sub-clause (a) of this Clause, all insurance payments for such loss shall be paid to the Owners, who shall distribute the moneys between themselves and the Charterers according to their respective interests (i) If the Vessel becomes an actual, constructive, compromised or agreed total loss under the insurances arranged by the Owners in accordance with sub-clause (a) of this Clause, this Charter shall terminate as of the date of such loss (j) The Charterers shall upon the request of the Owners, promptly execute such documents as may be required to enable the Owners to abandon the Vessel to Insurers and claim a constructive total loss (k) For the purpose of insurance coverage against marine and war risks under the provisions of sub-clause (a) of this Clause, the value of the Vessel is the sum indicated in Box 27 (l) Notwithstanding anything contained in Clause (a), it is agreed that under the provisions of Clause 13, if applicable, the Owners shall keep the Vessel with unexpired classification in force at all times during the Charter period 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 Redelivery The Charterers shall at the expiration of the Charter period redeliver the Vessel at a safe and ice-free port or place as indicated in Box 16 The Charterers shall give the Owners not less than 30 running days’ preliminary and not less than 14 days’ definite notice of expected date, range of ports of redelivery or port or place of redelivery Any changes thereafter in Vessel’s position shall be notified immediately to the Owners Should the Vessel be ordered on a voyage by which the Charter period may be exceeded the Charterers to have the use of the Vessel to enable them to complete the voyage, provided it could be reasonably calculated that the voyage would allow redelivery about the time fixed for the termination of the Charter The Vessel shall be redelivered to the Owners in the same or as good structure, state, condition and class as that in which she was delivered, fair wear and tear not affecting class excepted The Vessel upon redelivery shall have her survey cycles up to date and class certificates valid for at least the number of months agreed in Box 12 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 Non-Lien and Indemnity The Charterers will not suffer, nor permit to be continued, any lien or encumbrance incurred by them or their agents, which might have priority over the title and interest of the Owners in the Vessel The Charterers further agree to fasten to the Vessel in a conspicuous place and to keep so fastened during the Charter period a notice reading as follows:- 376 377 378 379 380 381 382 “This Vessel is the property of (name of Owners) It is under charter to (name of Charterers) and by the terms of the Charter Party neither the Charterers nor the Master have any right, power or authority to create, incur or permit to be imposed on the Vessel any lien whatsoever.” The Charterers shall indemnify and hold the Owners harmless against any lien of whatsoever nature arising upon the Vessel during the Charter period while she is under the control of the Charterers, and against any claims against the Owners arising out of or in relation to the operation of the Vessel by the Charterers Should the Vessel be arrested by reason of claims or liens arising out of her operation hereunder by the Charterers, the Charterers shall at their own expense take all reasonable steps to secure that within a reasonable time the Vessel is released and at their own expense put up bail to secure release of the Vessel 383 384 385 386 387 388 389 390 391 392 393 394 395 16 Lien 396 The Owners to have a lien upon all cargoes and sub-freights belonging to the 397 Charterers and any Bill of Lading freight for all claims under this Charter, and 398 the Charterers to have a lien on the Vessel for all moneys paid in advance and 399 not earned 400 17 Salvage All salvage and towage performed by the Vessel shall be for the Charterers’ benefit and the cost of repairing damage occasioned thereby shall be borne by the Charterers 401 402 403 404 18 Wreck Removal In the event of the Vessel becoming a wreck or obstruction to navigation the Charterers shall indemnify the Owners against any sums whatsoever which the Owners shall become liable to pay and shall pay in consequence of the Vessel becoming a wreck or obstruction to navigation 405 406 407 408 409 19 General Average General Average, if any, shall be adjusted according to the York-Antwerp Rules 1974 or any subsequent modification thereof current at the time of the casualty The Charter Hire not to contribute to General Average 410 411 412 413 414 20 Assignment and Sub-Demise The Charterers shall not assign this Charter nor sub-demise the Vessel except with the prior consent in writing of the Owners which shall not be unreasonably withheld and subject to such terms and conditions as the Owners shall approve 415 416 417 418 419 21 Bills of Lading The Charterers are to procure that all Bills of Lading issued for carriage of goods under this Charter shall contain a Paramount Clause incorporating any legislation relating to Carrier’s liability for cargo compulsorily applicable in the trade; if no such legislation exists, the Bills of Lading shall incorporate the British Carriage of Goods by Sea Act The Bills of Lading shall also contain the amended New Jason Clause and the Both-to-Blame Collision Clause The Charterers agree to indemnify the Owners against all consequences or liabilities arising from the Master, officers or agents signing Bills of Lading or other documents 420 421 422 423 424 425 426 427 428 429 22 Bank Guarantee The Charterers undertake to furnish, before delivery of the Vessel, a first class bank guarantee or bond in the sum and at the place as indicated in Box 25 as guarantee for full performance of their obligations under this Charter (Optional, only to apply if Box 25 filled in) 430 431 432 433 434 23 Requisition/Acquisition (a) In the event of the Requisition for Hire of the Vessel by any governmental or other competent authority (hereinafter referred to as “Requisition for Hire”) irrespective of the date during the Charter period when “Requisition for Hire” may occur and irrespective of the length thereof and whether or not it be for an indefinite or a limited period of time, and irrespective of whether it may or will remain in force for the remainder of the Charter period, this Charter shall not be deemed thereby or thereupon to be frustrated or otherwise terminated and the Charterers shall continue to pay the stipulated hire in the manner provided by this Charter until the time when the Charter would have terminated pursuant to any of the provisions hereof always provided however that in the event of “Requisition for Hire” any Requisition Hire or compensation received or receivable by the Owners shall be payable to the Charterers during the remainder of the Charter period or the period of the “Requisition for Hire” whichever be the shorter The Hire under this Charter shall be payable to the Owners from the same time as the Requisition Hire is payable to the Charterers (b) In the event of the Owners being deprived of their ownership in the Vessel by any Compulsory Acquisition of the Vessel or requisition for title by any governmental or other competent authority (hereinafter referred to as “Compulsory Acquisition”), then, irrespective of the date during the Charter 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 This document is a computer generated BARECON 89 form printed by authority of BIMCO Any insertion or deletion to the form must be clearly visible In the event of any modification made to the preprinted text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply BIMCO assumes no responsibility for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document PART II “BARECON 89” Standard Bareboat Charter 24 period when “Compulsory Acquisition” may occur, this Charter shall be deemed terminated as of the date of such “Compulsory Acquisition” In such event Charter Hire to be considered as earned and to be paid up to the date and time of such “Compulsory Acquisition” 456 457 458 459 War (a) The Vessel unless the consent of the Owners be first obtained not to be ordered nor continue to any place or on any voyage nor be used on any service which will bring her within a zone which is dangerous as the result of any actual or threatened act of war, war, hostilities, warlike operations, acts of piracy or of hostility or malicious damage against this or any other vessel or its cargo by any person, body or State whatsoever, revolution, civil war, civil commotion or the operation of international law, nor be exposed in any way to any risks or penalties whatsoever consequent upon the imposition of Sanctions, nor carry any goods that may in any way expose her to any risks of seizure, capture, penalties or any other interference of any kind whatsoever by the belligerent or fighting powers or parties or by any Government or Ruler (b) The Vessel to have liberty to comply with any orders or directions as to departure, arrival, routes, ports of call, stoppages, destination, delivery or in any other wise whatsoever given by the Government of the nation under whose flag the Vessel sails or any other Government or any person (or body) acting or purporting to act with the authority of such Government or by any committee or person having under the terms of the war risks insurance on the Vessel the right to give any such orders or directions (c) In the event of outbreak of war (whether there be a declaration of war or not) between any two or more of the countries as stated in Box 31, both the Owners and the Charterers shall have the right to cancel this Charter, whereupon the Charterers shall redeliver the Vessel to the Owners in accordance with Clause 14, if she has cargo on board after discharge thereof at destination, or if debarred under this Clause from reaching or entering it at a near open and safe port as directed by the Owners, or if she has no cargo on board, at the port at which she then is or if at sea at a near open and safe port as directed by the Owners In all cases hire shall continue to be paid in accordance with Clause 10 and except as aforesaid all other provisions of this 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 25 Charter shall apply until redelivery 489 Commission The Owners to pay a commission at the rate indicated in Box 32 to the Brokers named in Box 32 on any Hire paid under the Charter but in no case less than is necessary to cover the actual expenses of the Brokers and a reasonable fee for their work If the full Hire is not paid owing to breach of Charter by either of the parties the party liable therefor to indemnify the Brokers against their loss of commission Should the parties agree to cancel the Charter, the Owners to indemnify the Brokers against any loss of commission but in such case the commission not to exceed the brokerage on one year’s Hire 490 491 492 493 494 495 496 497 498 499 26 Law and Arbitration *) 26.1 This Charter shall be governed by English law and any dispute arising out of this Charter shall be referred to arbitration in London, one arbitrator being appointed by each party, in accordance with the Arbitration Acts 1950 and 1979 or any statutory modification or re-enactment thereof for the time being in force On the receipt by one party of the nomination in writing of the other party’s arbitrator, that party shall appoint their arbitrator within fourteen days, failing which the decision of the single Arbitrator appointed shall apply If two Arbitrators properly appointed shall not agree they shall appoint an umpire whose decision shall be final *) 26.2 Should any dispute arise out of this Charter, the matter in dispute shall be referred to three persons at New York, one to be appointed by each of the parties hereto, and the third by the two so chosen; their decision or that of any two of them shall be final, and for purpose of enforcing any award, this agreement may be made a rule of the Court The arbitrators shall be members of the Society of Maritime Arbitrators, Inc of New York and the proceedings shall be conducted in accordance with the rules of the Society *) 26.3 Any dispute arising out of this Charter shall be referred to arbitration at the place indicated in Box 33, subject to the law and procedures applicable there 26.4 If Box 33 in Part I is not filled in, sub-clause 26.1 of this Clause shall apply *) 26.1., 26.2 and 26.3 are alternatives; indicate alternative agreed in Box 33 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 This document is a computer generated BARECON 89 form printed by authority of BIMCO Any insertion or deletion to the form must be clearly visible In the event of any modification made to the preprinted text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply BIMCO assumes no responsibility for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document “BARECON 89” Standard Bareboat Charter OPTIONAL PART PART III PROVISIONS TO APPLY FOR NEWBUILDING VESSELS ONLY (Optional, only to apply if expressly agreed and stated in Box 35) Specifications and Building Contract (a) The Vessel shall be constructed in accordance with the Building Contract (hereafter called “the Building Contract”) as annexed to this Charter, made between the Builders and the Owners and in accordance with the specifications and plans annexed thereto, such Building Contract, specifications and plans having been counter-signed as approved by the Charterers (b) No change shall be made in the Building Contract or in the specifications or plans of the Vessel as approved by the Charterers as aforesaid, without the Charterers’ consent (c) The Charterers shall have the right to send their representative to the Builders’ Yard to inspect the Vessel during the course of her construction to satisfy themselves that construction is in accordance with such approved specifications and plans as referred to under sub-clause (a) of this Clause (d) The Vessel shall be built in accordance with the Building Contract and shall be of the description set out therein provided nevertheless that the Charterers shall be bound to accept the Vessel from the Owners on the date of delivery by the Builders as having been completed and constructed in accordance with the Building Contract and the Charterers undertake that after having so accepted the Vessel they will not thereafter raise any claims against the Owners in respect of the Vessel’s performance or specification or defects if any except that in respect of any repair or replacement of any defects which appear within the first 12 months from delivery the Owners shall use their best endeavours to recover any expenditure incurred in remedying such defects from the Builders, but shall only be liable to the Charterers to the extent the Owners have a valid claim against the Builders under the guarantee clause of the Building Contract (a copy whereof has been supplied to the Charterers) provided that the Charterers shall be bound to accept such sums as the Owners are able to recover under this clause and shall make no claim upon the Owners for any difference between the amounts so recovered and the actual expenditure incurred on repairs or replacements or for any loss of time incurred thereby 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Time and Place of Delivery (a) Subject to the Vessel having completed her acceptance trials including trials of cargo equipment in accordance with the Building Contract and specifications to the satisfaction of the Charterers, the Owners shall give and the Charterers shall take delivery of the Vessel afloat when ready for delivery at the Builders’ Yard or some other safe and readily accessible dock, wharf or place as may be agreed between the parties hereto and the Builders Under the Building Contract the Builders have estimated that the Vessel will be ready for delivery to the Owners as therein provided but the delivery date for the purpose of this Charter shall be the date when the Vessel is in fact ready for delivery by the Builders after completion of trials whether that be before or after as indicated in the Building Contract Notwithstanding the foregoing, the Charterers shall not be obliged to take delivery of the Vessel until she has been classed and documented as provided in this Charter and free for transfer to the flag she has to fly Subject as aforesaid the Charterers shall not be entitled to refuse acceptance of delivery of the Vessel and upon and after such acceptance the Charterers shall not be entitled to make any claim against the Owners in respect of any conditions, representations or 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 warranties, whether express or implied, as to the seaworthiness of the Vessel or in respect of delay in delivery or otherwise howsoever (b) If for any reason other than a default by the Owners under the Building Contract, the Builders become entitled under that Contract not to deliver the Vessel to the Owners, the Owners shall upon giving to the Charterers written notice of Builders becoming so entitled, be excused from giving delivery of the Vessel to the Charterers and upon receipt of such notice by the Charterers this Charter shall cease to have effect (c) If for any reason the Owners become entitled under the Building Contract to reject the Vessel the Owners shall, before exercising such right of rejection, consult the Charterers and thereupon i) if the Charterers not wish to take delivery of the vessel they shall inform the Owners within seven (7) days by notice in writing and upon receipt by the Owners of such notice this Charter shall cease to have effect; or ii) if the Charterers wish to take delivery of the Vessel they may by notice in writing within seven (7) days require the Owners to negotiate with the Builders as to the terms on which delivery should be taken and/or refrain from exercising their right to rejection and upon receipt of such notice the Owners shall commence such negotiations and/or take delivery of the Vessel from the Builders and deliver her to the Charterers; iii) in no circumstances shall the Charterers be entitled to reject the Vessel unless the Owners are able to reject the Vessel from the Builders; iv) if this Charter terminates under sub-clause (b) or (c) of this Clause, the Owners shall thereafter not be liable to the Charterers for any claim under or arising out of this Charter or its termination 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Guarantee Works If not otherwise agreed, the Owners authorize the Charterers to arrange for the guarantee works to be performed in accordance with the building contract terms, and hire to continue during the period of guarantee works The Charterers have to advise the Owners about the performance to the extent the Owners may request 73 74 75 76 77 Name of Vessel The name of the Vessel shall be mutually agreed between the Owners and the Charterers and the Vessel shall be painted in the colours, display the funnel insignia and fly the house flag as required by the Charterers 78 79 80 81 Survey on Redelivery The Owners and the Charterers shall appoint surveyors for the purpose of determining and agreeing in writing the condition of the Vessel at the time of redelivery Without prejudice to Clause 14 (Part II), the Charterers shall bear all survey expenses and all other costs, if any, including the cost of docking and undocking, if required, as well as all repair costs incurred The Charterers shall also bear all loss of time spent in connection with any docking and undocking as well as repairs, which shall be paid at the rate of Hire per day or pro rata 82 83 84 85 86 87 88 89 90 91 This document is a computer generated BARECON 89 form printed by authority of BIMCO Any insertion or deletion to the form must be clearly visible In the event of any modification made to the preprinted text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply BIMCO assumes no responsibility for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document “BARECON 89” Standard Bareboat Charter PART IV HIRE/PURCHASE AGREEMENT (Optional, only to apply if expressly agreed and stated in Box 39) On expiration of this Charter and provided the Charterers have fulfilled their obligations according to Part I and II as well as Part Ill, if applicable, it is agreed, that on payment of the last month’s hire instalment as per Clause 10 the Charterers have purchased the Vessel with everything belonging to her and the Vessel is fully paid for If the payment of the instalment due is delayed for less than running days or for reason beyond the Charterers’ control, the right of withdrawal under the terms of Clause 10(e) of Part II shall not be exercised However, any delay in payment of the instalment due shall entitle the Owners to an interest at the rate per annum as agreed in Box 22 If Box 22 has not been filled in the current market rate in the country where the Owners have their Principal Place of Business shall apply 10 11 with the purchase and registration under Buyers’ flag, shall be for Buyers’ account Any taxes, consular and other charges and expenses connected with closing of the Sellers’ register, shall be for Sellers’ account In exchange for payment of the last month’s hire instalment the Sellers shall furnish the Buyers with a Bill of Sale duly attested and legalized, together with a certificate setting out the registered encumbrances, if any On delivery of the Vessel the Sellers shall provide for deletion of the Vessel from the Ship’s Register and deliver a certificate of deletion to the Buyers The Sellers shall, at the time of delivery, hand to the Buyers all classification certificates (for hull, engines, anchors, chains, etc.), as well as all plans which may be in Sellers’ possession 24 25 26 27 28 29 30 31 32 33 34 In the following paragraphs the Owners are referred to as the Sellers and the Charterers as the Buyers 12 13 The Wireless Installation and Nautical Instruments, unless on hire, shall be included in the sale without any extra payment 35 36 The Vessel shall be delivered by the Sellers and taken over by the Buyers on expiration of the Charter 14 15 The Sellers guarantee that the Vessel, at the time of delivery, is free from all encumbrances and maritime liens or any debts whatsoever other than those arising from anything done or not done by the Buyers or any existing mortgage agreed not to be paid off by the time of delivery Should any claims, which have been incurred prior to the time of delivery be made against the Vessel, the Sellers hereby undertake to indemnify the Buyers against all consequences of such claims to the extent it can be proved that the Sellers are responsible for such claims Any taxes, notarial, consular and other charges and expenses connected 16 17 18 19 20 21 22 23 The Vessel with everything belonging to her shall be at Sellers’ risk and expense until she is delivered to the Buyers, subject to the conditions of this Contract and the Vessel with everything belonging to her shall be delivered and taken over as she is at the time of delivery, after which the Sellers shall have no responsibility for possible faults or deficiencies of any description 37 38 39 40 41 The Buyers undertake to pay for the repatriation of the Captain, officers and other personnel if appointed by the Sellers to the port where the Vessel entered the Bareboat Charter as per Clause (Part II) or to pay the equivalent cost for their journey to any other place 42 43 44 45 This document is a computer generated BARECON 89 form printed by authority of BIMCO Any insertion or deletion to the form must be clearly visible In the event of any modification made to the preprinted text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply BIMCO assumes no responsibility for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document “BARECON 89” Standard Bareboat Charter PART V PROVISIONS TO APPLY FOR VESSELS REGISTERED IN A BAREBOAT CHARTER REGISTRY (Optional, only to apply if expressly agreed and stated in Box 40) Definitions For the purpose of this PART V, the following terms shall have the meanings hereby assigned to them: “The Bareboat Charter Registry” shall mean the registry of the State whose flag the Vessel will fly and in which the Charterers are registered as the bareboat charterers during the period of the Bareboat Charter “The Underlying Registry” shall mean the registry of the State in which the Owners of the Vessel are registered as Owners and to which jurisdiction and control of the Vessel will revert upon termination of the Bareboat Charter Registration Mortgage The Vessel chartered under this Charter is financed by a mortgage and the 10 11 provisions of Clause 11 (b) (Part II) shall apply 12 Termination of Charter by Default It the Vessel chartered under this Charter is registered in a Bareboat Charter Registry as stated in Box 41, and if the Owners shall default in the payment of any amounts due under the mortgage(s) specified in Box 26, the Charterers shall, if so required by the mortgagee, direct the Owners to re-register the Vessel in the Underlying Registry as shown in Box 42 In the event of the Vessel being deleted from the Bareboat Charter Registry as stated in Box 41, due to a default by the Owners in the payment of any amounts due under the mortgage(s), the Charterers shall have the right to terminate this Charter forthwith and without prejudice to any other claim they may have against the Owners under this Charter 13 14 15 16 17 18 19 20 21 22 23 This document is a computer generated BARECON 89 form printed by authority of BIMCO Any insertion or deletion to the form must be clearly visible In the event of any modification made to the preprinted text of this document which is not clearly visible, the text of the original BIMCO approved document shall apply BIMCO assumes no responsibility for any loss, damage or expense as a result of discrepancies between the original BIMCO approved document and this computer generated document Phụ lục 3: Hợp đồng GENCON-94 RECOMMENDED THE BALTIC AND INTERNATIONAL MARITIME COUNCIL UNIFORM GENERAL CHARTER (AS REVISED 1922, 1976 and 1994) (To be used for trades for which no specially approved form is in force) CODE NAME: "GENCON" Shipbroker Part I Place and date Owners/Place of business (Cl 1) Charterers/Place of business (Cl 1) Ve sse l' s n am e ( Cl 1) GT /N T ( C l ) DWT all told on summer load line in metric tons (abt.) (Cl 1) Present position (Cl 1) Expected ready to load (abt.) (Cl 1) 10 Loading port or place (Cl 1) 11 Discharging port or place (Cl 1) 12 Cargo (also state quantity and margin in Owners' option, if agreed; if full and complete cargo not agreed state "part cargo") (Cl 1) 13 Freight rate (also state whether freight prepaid or payable on delivery) (Cl 4) 14 Freight payment (state currency and method of payment; also beneficiary and bank account) (Cl 4) 15 State if vessel's cargo handling gear shall not be used (Cl 5) 16 Laytime (if separate laytime for load and disch is agreed, fill in a) and b) If total laytime for load and disch., fill in c) only) (Cl 6) 17 Shippers/Place of business (Cl 6) a) Laytime for loading 18 Agents (loading) (Cl 6) b) Laytime for discharging 19 Agents (discharging) (Cl 6) c) Total laytime for loading and discharging 20 Demurrage rate and manner payable (loading and discharging) (Cl 7) 21 Cancelling date (Cl 9) 22 General Average to be adjusted at (Cl 12) 23 Freight Tax (state if for the Owners' account) (Cl 13 (c)) 24 Brokerage commission and to whom payable (Cl 15) 25 Law and Arbitration (state 19 (a), 19 (b) or 19 (c) of Cl 19; if 19 (c) agreed also state Place of Arbitration) (if not filled in 19 (a) shall apply) (Cl 19) (a) State maximum amount for small claims/shortened arbitration (Cl 19) 26 Additional clauses covering special provisions, if agreed It is mutually agreed that this Contract shall be performed subject to the conditions contained in this Charter Party which shall include Part I as well as Part II In the event of a conflict of conditions, the provisions of Part I shall prevail over those of Part II to the extent of such conflict Signature (Owners) Signature (Charterers) Printed by The BIMCO Charter Party Editor PART II "Gencon" Charter (As Revised 1922, 1976 and 1994) It is agreed between the party mentioned in Box as the Owners of the Vessel named in Box 5, of the GT/NT indicated in Box and carrying about the number of metric tons of deadweight capacity all told on summer loadline stated in Box 7, now in position as stated in Box and expected ready to load under this Charter Party about the date indicated in Box 9, and the party mentioned as the Charterers in Box that: The said Vessel shall, as soon as her prior commitments have been completed, proceed to the loading port(s) or place(s) stated in Box 10 or so near thereto as she may safely get and lie always afloat, and there load a full and complete cargo (if shipment of deck cargo agreed same to be at the Charterers' risk and responsibility) as stated in Box 12, which the Charterers bind themselves to ship, and being so loaded the Vessel shall proceed to the discharging port(s) or place(s) stated in Box 11 as ordered on signing Bills of Lading, or so near thereto as she may safely get and lie always afloat, and there deliver the cargo 10 11 12 13 14 always work under the supervision of the Master (c) Stevedore Damage The Charterers shall be responsible for damage (beyond ordinary wear and tear) to any part of the Vessel caused by Stevedores Such damage shall be notified as soon as reasonably possible by the Master to the Charterers or their agents and to their Stevedores, failing which the Charterers shall not be held responsible The Master shall endeavour to obtain the Stevedores' written acknowledgement of liability The Charterers are obliged to repair any stevedore damage prior to completion of the voyage, but must repair stevedore damage affecting the Vessel's seaworthiness or class before the Vessel sails from the port where such damage was caused or found All additional expenses incurred shall be for the account of the Charterers and any time lost shall be for the account of and shall be paid to the Owners by the Charterers at the demurrage rate 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Owners' Responsibility Clausee The Owners are to be responsible for loss of or damage to the goods or for delay in delivery of the goods only in case the loss, damage or delay has been caused by personal want of due diligence on the part of the Owners or their Manager to make the Vessel in all respects seaworthy and to secure that she is properly manned, equipped and supplied, or by the personal act or default of the Owners or their Manager And the Owners are not responsible for loss, damage or delay arising from any other cause whatsoever, even from the neglect or default of the Master or crew or some other person employed by the Owners on board or ashore for whose acts they would, but for this Clause, be responsible, or from unseaworthiness of the Vessel on loading or commencement of the voyage or at any time whatsoever 15 16 17 18 19 20 21 22 23 24 25 26 27 Deviation Clausee The Vessel has liberty to call at any port or ports in any order, for any purpose, to sail without pilots, to tow and/or assist Vessels in all situations, and also to deviate for the purpose of saving life and/or property 28 29 30 31 Payment of Freightt (a) The freight at the rate stated in Box 13 shall be paid in cash calculated on the intaken quantity of cargo (b) Prepaid If according to Box 13 freight is to be paid on shipment, it shall be deemed earned and non-returnable, Vessel and/or cargo lost or not lost Neither the Owners nor their agents shall be required to sign or endorse bills of lading showing freight prepaid unless the freight due to the Owners has actually been paid (c) On delivery If according to Box 13 freight, or part thereof, is payable at destination it shall not be deemed earned until the cargo is thus delivered Notwithstanding the provisions under (a), if freight or part thereof is payable on delivery of the cargo the Charterers shall have the option of paying the freight on delivered weight/quantity provided such option is declared before breaking bulk and the weight/quantity can be ascertained by official weighing machine, joint draft survey or tally Cash for Vessel's ordinary disbursements at the port of loading to be advanced by the Charterers, if required, at highest current rate of exchange, subject to two (2) per cent to cover insurance and other expenses 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Laytimee * (a) Separate laytime for loading and discharging The cargo shall be loaded within the number of running days/hours as indicated in Box 16, weather permitting, Sundays and holidays excepted, unless used, in which event time used shall count The cargo shall be discharged within the number of running days/hours as indicated in Box 16, weather permitting, Sundays and holidays excepted, unless used, in which event time used shall count * (b) Total laytime for loading and discharging The cargo shall be loaded and discharged within the number of total running days/hours as indicated in Box 16, weather permitting, Sundays and holidays excepted, unless used, in which event time used shall count (c) Commencement of laytime (loading and discharging) Laytime for loading and discharging shall commence at 13.00 hours, if notice of readiness is given up to and including 12.00 hours, and at 06.00 hours next working day if notice given during office hours after 12.00 hours Notice of readiness at loading port to be given to the Shippers named in Box 17 or if not named, to the Charterers or their agents named in Box 18 Notice of readiness at the discharging port to be given to the Receivers or, if not known, to the Charterers or their agents named in Box 19 If the loading/discharging berth is not available on the Vessel's arrival at or off the port of loading/discharging, the Vessel shall be entitled to give notice of readiness within ordinary office hours on arrival there, whether in free pratique or not, whether customs cleared or not Laytime or time on demurrage shall then count as if she were in berth and in all respects ready for loading/ discharging provided that the Master warrants that she is in fact ready in all respects Time used in moving from the place of waiting to the loading/ discharging berth shall not count as laytime If, after inspection, the Vessel is found not to be ready in all respects to load/ discharge time lost after the discovery thereof until the Vessel is again ready to load/discharge shall not count as laytime Time used before commencement of laytime shall count * Indicate alternative (a) or (b) as agreed, in Box 16 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 Loading/Dischargingg (a) Costs/Risks The cargo shall be brought into the holds, loaded, stowed and/or trimmed, tallied, lashed and/or secured and taken from the holds and discharged by the Charterers, free of any risk, liability and expense whatsoever to the Owners The Charterers shall provide and lay all dunnage material as required for the proper stowage and protection of the cargo on board, the Owners allowing the use of all dunnage available on board The Charterers shall be responsible for and pay the cost of removing their dunnage after discharge of the cargo under this Charter Party and time to count until dunnage has been removed (b) Cargo Handling Gear Unless the Vessel is gearless or unless it has been agreed between the parties that the Vessel's gear shall not be used and stated as such in Box 15, the Owners shall throughout the duration of loading/discharging give free use of the Vessel's cargo handling gear and of sufficient motive power to operate all such cargo handling gear All such equipment to be in good working order Unless caused by negligence of the stevedores, time lost by breakdown of the Vessel's cargo handling gear or motive power - pro rata the total number of cranes/winches required at that time for the loading/discharging of cargo under this Charter Party - shall not count as laytime or time on demurrage On request the Owners shall provide free of charge cranemen/winchmen from the crew to operate the Vessel's cargo handling gear, unless local regulations prohibit this, in which latter event shore labourers shall be for the account of the Charterers Cranemen/winchmen shall be under the Charterers' risk and responsibility and as stevedores to be deemed as their servants but shall 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Demurragee Demurrage at the loading and discharging port is payable by the Charterers at the rate stated in Box 20 in the manner stated in Box 20 per day or pro rata for any part of a day Demurrage shall fall due day by day and shall be payable upon receipt of the Owners' invoice In the event the demurrage is not paid in accordance with the above, the Owners shall give the Charterers 96 running hours written notice to rectify the failure If the demurrage is not paid at the expiration of this time limit and if the vessel is in or at the loading port, the Owners are entitled at any time to terminate the Charter Party and claim damages for any losses caused thereby 122 123 124 125 126 127 128 129 130 131 Lien Clausee The Owners shall have a lien on the cargo and on all sub-freights payable in respect of the cargo, for freight, deadfreight, demurrage, claims for damages and for all other amounts due under this Charter Party including costs of recovering same 132 133 134 135 136 Cancelling Clausee (a) Should the Vessel not be ready to load (whether in berth or not) on the cancelling date indicated in Box 21, the Charterers shall have the option of cancelling this Charter Party (b) Should the Owners anticipate that, despite the exercise of due diligence, the Vessel will not be ready to load by the cancelling date, they shall notify the Charterers thereof without delay stating the expected date of the Vessel's readiness to load and asking whether the Charterers will exercise their option of cancelling the Charter Party, or agree to a new cancelling date Such option must be declared by the Charterers within 48 running hours after the receipt of the Owners' notice If the Charterers not exercise their option of cancelling, then this Charter Party shall be deemed to be amended such that 137 138 139 140 141 142 143 144 145 146 147 148 This computer generated form is printed by authority of BIMCO Any insertion or deletion to the form must be clearly visible In event of any modification being made to the preprinted text of this document, which is not clearly visible, the original BIMCO approved document shall apply BIMCO assume no responsibility for any loss or damage caused as a result of discrepancies between the original BIMCO document and this document PART II "Gencon" Charter (As Revised 1922, 1976 and 1994) the seventh day after the new readiness date stated in the Owners' notification to the Charterers shall be the new cancelling date The provisions of sub-clause (b) of this Clause shall operate only once, and in case of the Vessel's further delay, the Charterers shall have the option of cancelling the Charter Party as per sub-clause (a) of this Clause 149 150 151 152 153 10 Bills of Ladingg Bills of Lading shall be presented and signed by the Master as per the "Congenbill" Bill of Lading form, Edition 1994, without prejudice to this Charter Party, or by the Owners' agents provided written authority has been given by Owners to the agents, a copy of which is to be furnished to the Charterers The Charterers shall indemnify the Owners against all consequences or liabilities that may arise from the signing of bills of lading as presented to the extent that the terms or contents of such bills of lading impose or result in the imposition of more onerous liabilities upon the Owners than those assumed by the Owners under this Charter Party 154 155 156 157 158 159 160 161 162 163 11 Both-to-Blame Collision Clausee If the Vessel comes into collision with another vessel as a result of the negligence of the other vessel and any act, neglect or default of the Master, Mariner, Pilot or the servants of the Owners in the navigation or in the management of the Vessel, the owners of the cargo carried hereunder will indemnify the Owners against all loss or liability to the other or non-carrying vessel or her owners in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said cargo, paid or payable by the other or non-carrying vessel or her owners to the owners of said cargo and set-off, recouped or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying Vessel or the Owners The foregoing provisions shall also apply where the owners, operators or those in charge of any vessel or vessels or objects other than, or in addition to, the colliding vessels or objects are at fault in respect of a collision or contact 164 165 166 167 168 169 170 171 172 173 174 175 176 177 12 General Average and New Jason Clausee General Average shall be adjusted in London unless otherwise agreed in Box 22 according to York-Antwerp Rules 1994 and any subsequent modification thereof Proprietors of cargo to pay the cargo's share in the general expenses even if same have been necessitated through neglect or default of the Owners' servants (see Clause 2) If General Average is to be adjusted in accordance with the law and practice of the United States of America, the following Clause shall apply: "In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the Owners are not responsible, by statute, contract or otherwise, the cargo shippers, consignees or the owners of the cargo shall contribute with the Owners in General Average to the payment of any sacrifices, losses or expenses of a General Average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the cargo If a salving vessel is owned or operated by the Owners, salvage shall be paid for as fully as if the said salving vessel or vessels belonged to strangers Such deposit as the Owners, or their agents, may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon shall, if required, be made by the cargo, shippers, consignees or owners of the goods to the Owners before delivery." 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 13 Taxes and Dues Clausee (a) On Vessel -The Owners shall pay all dues, charges and taxes customarily levied on the Vessel, howsoever the amount thereof may be assessed (b) On cargo -The Charterers shall pay all dues, charges, duties and taxes customarily levied on the cargo, howsoever the amount thereof may be assessed (c) On freight -Unless otherwise agreed in Box 23, taxes levied on the freight shall be for the Charterers' account 199 200 201 202 203 204 205 206 14 Agencyy 207 In every case the Owners shall appoint their own Agent both at the port of 208 loading and the port of discharge 209 15 Brokeragee A brokerage commission at the rate stated in Box 24 on the freight, dead-freight and demurrage earned is due to the party mentioned in Box 24 In case of non-execution 1/3 of the brokerage on the estimated amount of freight to be paid by the party responsible for such non-execution to the Brokers as indemnity for the latter's expenses and work In case of more voyages the amount of indemnity to be agreed 210 211 212 213 214 215 216 16 General Strike Clausee 217 (a) If there is a strike or lock-out affecting or preventing the actual loading of the 218 cargo, or any part of it, when the Vessel is ready to proceed from her last port or 219 at any time during the voyage to the port or ports of loading or after her arrival there, the Master or the Owners may ask the Charterers to declare, that they agree to reckon the laydays as if there were no strike or lock-out Unless the Charterers have given such declaration in writing (by telegram, if necessary) within 24 hours, the Owners shall have the option of cancelling this Charter Party If part cargo has already been loaded, the Owners must proceed with same, (freight payable on loaded quantity only) having liberty to complete with other cargo on the way for their own account (b) If there is a strike or lock-out affecting or preventing the actual discharging of the cargo on or after the Vessel's arrival at or off port of discharge and same has not been settled within 48 hours, the Charterers shall have the option of keeping the Vessel waiting until such strike or lock-out is at an end against paying half demurrage after expiration of the time provided for discharging until the strike or lock-out terminates and thereafter full demurrage shall be payable until the completion of discharging, or of ordering the Vessel to a safe port where she can safely discharge without risk of being detained by strike or lock-out Such orders to be given within 48 hours after the Master or the Owners have given notice to the Charterers of the strike or lock-out affecting the discharge On delivery of the cargo at such port, all conditions of this Charter Party and of the Bill of Lading shall apply and the Vessel shall receive the same freight as if she had discharged at the original port of destination, except that if the distance to the substituted port exceeds 100 nautical miles, the freight on the cargo delivered at the substituted port to be increased in proportion (c) Except for the obligations described above, neither the Charterers nor the Owners shall be responsible for the consequences of any strikes or lock-outs preventing or affecting the actual loading or discharging of the cargo 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 17 War Risks (" Voywar 1993" ) 247 (1) For the purpose of this Clause, the words: 248 (a) The "Owners" shall include the shipowners, bareboat charterers, 249 disponent owners, managers or other operators who are charged with the 250 management of the Vessel, and the Master; and 251 (b) "War Risks" shall include any war (whether actual or threatened), act of 252 war, civil war, hostilities, revolution, rebellion, civil commotion, warlike 253 operations, the laying of mines (whether actual or reported), acts of piracy, 254 acts of terrorists, acts of hostility or malicious damage, blockades 255 (whether imposed against all Vessels or imposed selectively against 256 Vessels of certain flags or ownership, or against certain cargoes or crews 257 or otherwise howsoever), by any person, body, terrorist or political group, 258 or the Government of any state whatsoever, which, in the reasonable 259 judgement of the Master and/or the Owners, may be dangerous or are 260 likely to be or to become dangerous to the Vessel, her cargo, crew or other 261 persons on board the Vessel 262 (2) If at any time before the Vessel commences loading, it appears that, in the 263 reasonable judgement of the Master and/or the Owners, performance of 264 the Contract of Carriage, or any part of it, may expose, or is likely to expose, 265 the Vessel, her cargo, crew or other persons on board the Vessel to War 266 Risks, the Owners may give notice to the Charterers cancelling this 267 Contract of Carriage, or may refuse to perform such part of it as may 268 expose, or may be likely to expose, the Vessel, her cargo, crew or other 269 persons on board the Vessel to War Risks; provided always that if this 270 Contract of Carriage provides that loading or discharging is to take place 271 within a range of ports, and at the port or ports nominated by the Charterers 272 the Vessel, her cargo, crew, or other persons onboard the Vessel may be 273 exposed, or may be likely to be exposed, to War Risks, the Owners shall 274 first require the Charterers to nominate any other safe port which lies 275 within the range for loading or discharging, and may only cancel this 276 Contract of Carriage if the Charterers shall not have nominated such safe 277 port or ports within 48 hours of receipt of notice of such requirement 278 (3) The Owners shall not be required to continue to load cargo for any voyage, 279 or to sign Bills of Lading for any port or place, or to proceed or continue on 280 any voyage, or on any part thereof, or to proceed through any canal or 281 waterway, or to proceed to or remain at any port or place whatsoever, 282 where it appears, either after the loading of the cargo commences, or at 283 any stage of the voyage thereafter before the discharge of the cargo is 284 completed, that, in the reasonable judgement of the Master and/or the 285 Owners, the Vessel, her cargo (or any part thereof), crew or other persons 286 on board the Vessel (or any one or more of them) may be, or are likely to be, 287 exposed to War Risks If it should so appear, the Owners may by notice 288 request the Charterers to nominate a safe port for the discharge of the 289 cargo or any part thereof, and if within 48 hours of the receipt of such 290 notice, the Charterers shall not have nominated such a port, the Owners 291 may discharge the cargo at any safe port of their choice (including the port 292 of loading) in complete fulfilment of the Contract of Carriage The Owners 293 shall be entitled to recover from the Charterers the extra expenses of such 294 discharge and, if the discharge takes place at any port other than the 295 loading port, to receive the full freight as though the cargo had been 296 This computer generated form is printed by authority of BIMCO Any insertion or deletion to the form must be clearly visible In event of any modification being made to the preprinted text of this document, which is not clearly visible, the original BIMCO approved document shall apply BIMCO assume no responsibility for any loss or damage caused as a result of discrepancies between the original BIMCO document and this document PART II "Gencon" Charter (As Revised 1922, 1976 and 1994) carried to the discharging port and if the extra distance exceeds 100 miles, to additional freight which shall be the same percentage of the freight contracted for as the percentage which the extra distance represents to the distance of the normal and customary route, the Owners having a lien on the cargo for such expenses and freight (4) If at any stage of the voyage after the loading of the cargo commences, it appears that, in the reasonable judgement of the Master and/or the Owners, the Vessel, her cargo, crew or other persons on board the Vessel may be, or are likely to be, exposed to War Risks on any part of the route (including any canal or waterway) which is normally and customarily used in a voyage of the nature contracted for, and there is another longer route to the discharging port, the Owners shall give notice to the Charterers that this route will be taken In this event the Owners shall be entitled, if the total extra distance exceeds 100 miles, to additional freight which shall be the same percentage of the freight contracted for as the percentage which the extra distance represents to the distance of the normal and customary route (5) The Vessel shall have liberty:(a) to comply with all orders, directions, recommendations or advice as to departure, arrival, routes, sailing in convoy, ports of call, stoppages, destinations, discharge of cargo, delivery or in any way whatsoever which are given by the Government of the Nation under whose flag the Vessel sails, or other Government to whose laws the Owners are subject, or any other Government which so requires, or any body or group acting with the power to compel compliance with their orders or directions; (b) to comply with the orders, directions or recommendations of any war risks underwriters who have the authority to give the same under the terms of the war risks insurance; (c) to comply with the terms of any resolution of the Security Council of the United Nations, any directives of the European Community, the effective orders of any other Supranational body which has the right to issue and give the same, and with national laws aimed at enforcing the same to which the Owners are subject, and to obey the orders and directions of those who are charged with their enforcement; (d) to discharge at any other port any cargo or part thereof which may render the Vessel liable to confiscation as a contraband carrier; (e) to call at any other port to change the crew or any part thereof or other persons on board the Vessel when there is reason to believe that they may be subject to internment, imprisonment or other sanctions; (f) where cargo has not been loaded or has been discharged by the Owners under any provisions of this Clause, to load other cargo for the Owners' own benefit and carry it to any other port or ports whatsoever, whether backwards or forwards or in a contrary direction to the ordinary or customary route (6) If in compliance with any of the provisions of sub-clauses (2) to (5) of this Clause anything is done or not done, such shall not be deemed to be a deviation, but shall be considered as due fulfilment of the Contract of Carriage 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 18 General Ice Clausee Port of loading (a) In the event of the loading port being inaccessible by reason of ice when the Vessel is ready to proceed from her last port or at any time during the voyage or on the Vessel's arrival or in case frost sets in after the Vessel's arrival, the Master for fear of being frozen in is at liberty to leave without cargo, and this Charter Party shall be null and void (b) If during loading the Master, for fear of the Vessel being frozen in, deems it advisable to leave, he has liberty to so with what cargo he has on board and to proceed to any other port or ports with option of completing cargo for the Owners' benefit for any port or ports including port of discharge Any part cargo thus loaded under this Charter Party to be forwarded to destination at the Vessel's expense but against payment of freight, provided that no extra expenses be thereby caused to the Charterers, freight being paid on quantity delivered (in proportion if lumpsum), all other conditions as per this Charter Party (c) In case of more than one loading port, and if one or more of the ports are closed by ice, the Master or the Owners to be at liberty either to load the part cargo at the open port and fill up elsewhere for their own account as under section (b) or to declare the Charter Party null and void unless the Charterers agree to load full cargo at the open port 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 Port of discharge (a) Should ice prevent the Vessel from reaching port of discharge the Charterers shall have the option of keeping the Vessel waiting until the reopening of navigation and paying demurrage or of ordering the Vessel to a safe and immediately accessible port where she can safely discharge without risk of detention by ice Such orders to be given within 48 hours after the Master or the Owners have given notice to the Charterers of the impossibility of reaching port 366 367 368 369 370 371 372 of destination (b) If during discharging the Master for fear of the Vessel being frozen in deems it advisable to leave, he has liberty to so with what cargo he has on board and to proceed to the nearest accessible port where she can safely discharge (c) On delivery of the cargo at such port, all conditions of the Bill of Lading shall apply and the Vessel shall receive the same freight as if she had discharged at the original port of destination, except that if the distance of the substituted port exceeds 100 nautical miles, the freight on the cargo delivered at the substituted port to be increased in proportion 373 374 375 376 377 378 379 380 381 19 Law and Arbitrationn 382 * (a) This Charter Party shall be governed by and construed in accordance with 383 English law and any dispute arising out of this Charter Party shall be referred to 384 arbitration in London in accordance with the Arbitration Acts 1950 and 1979 or 385 any statutory modification or re-enactment thereof for the time being in force 386 Unless the parties agree upon a sole arbitrator, one arbitrator shall be 387 appointed by each party and the arbitrators so appointed shall appoint a third 388 arbitrator, the decision of the three-man tribunal thus constituted or any two of 389 them, shall be final On the receipt by one party of the nomination in writing of 390 the other party's arbitrator, that party shall appoint their arbitrator within 391 fourteen days, failing which the decision of the single arbitrator appointed shall 392 be final 393 For disputes where the total amount claimed by either party does not exceed 394 the amount stated in Box 25** the arbitration shall be conducted in accordance 395 with the Small Claims Procedure of the London Maritime Arbitrators 396 Association 397 * (b) This Charter Party shall be governed by and construed in accordance with 398 Title of the United States Code and the Maritime Law of the United States and 399 should any dispute arise out of this Charter Party, the matter in dispute shall be 400 referred to three persons at New York, one to be appointed by each of the 401 parties hereto, and the third by the two so chosen; their decision or that of any 402 two of them shall be final, and for purpose of enforcing any award, this 403 agreement may be made a rule of the Court The proceedings shall be 404 conducted in accordance with the rules of the Society of Maritime Arbitrators, 405 Inc 406 For disputes where the total amount claimed by either party does not exceed 407 the amount stated in Box 25** the arbitration shall be conducted in accordance 408 with the Shortened Arbitration Procedure of the Society of Maritime Arbitrators, 409 Inc 410 * (c) Any dispute arising out of this Charter Party shall be referred to arbitration at 411 the place indicated in Box 25, subject to the procedures applicable there The 412 laws of the place indicated in Box 25 shall govern this Charter Party 413 (d) If Box 25 in Part is not filled in, sub-clause (a) of this Clause shall apply 414 * (a), (b) and (c) are alternatives; indicate alternative agreed in Box 25 415 ** Where no figure is supplied in Box 25 in Part 1, this provision only shall be void but416 the other provisions of this Clause shall have full force and remain in effect 417 This computer generated form is printed by authority of BIMCO Any insertion or deletion to the form must be clearly visible In event of any modification being made to the preprinted text of this document, which is not clearly visible, the original BIMCO approved document shall apply BIMCO assume no responsibility for any loss or damage caused as a result of discrepancies between the original BIMCO document and this document CONGENBILL 2016 BILL OF LADING To be used with charter parties Page Shipper Bill of Lading No Consignee Vessel Notify address Port of loading Reference No Port of discharge Gross weight on deck at shipper’s risk; the Carrier not op (of which y Shipper’s description of goods being responsible for loss or damage howsoever arising) SHIPPED at the Port of Loading in apparent good order and condition on the Vessel for carriage to the Port of Discharge or so near thereto as the Vessel may safely get the goods specified above eC Freight payable as per CHARTER PARTY dated: Weight, measure, quality, quantity, condition, contents and value unknown FREIGHT ADVANCE Received on account of freight: pl IN WITNESS whereof the Master or Owner or Charterer or Agent of the said vessel has signed the number of Bills of Lading indicated below all of this tenor and date, any one of which being accomplished the others shall be void FOR CONDITIONS OF CARRIAGE SEE PAGE m Date shipped on board Place and date of issue Number of original Bills of Lading Sa First published 1946, revised 1964, 1978, 1994, 2007, 2016 Phụ lục 4: Mẫu Vận đơn đường biển CONGENBILL 2016 Signature:……………………… ……………………….….……… (Master*/Agent*/Owner*/Charterer*) *Delete as appropriate If signed by an Agent indicate with a tick whether for and on behalf of: Master; or Owner ……………………… ………………………………………(insert name); or Charterer ………………… …………………… ……………… (insert name) Agent …………………………… …………………… ………… …(insert name) Copyright © 2016 BIMCO All rights reserved Any unauthorised copying, duplication, reproduction or distribution of this document will constitute an infringement of BIMCO’s copyright Printed by BIMCO’s IDEA2 v 1.1 Dated 30 May 2016 Clause (General Average) updated to refer to York-Antwerp Rules 2016 CONGENBILL 2016 BILL OF LADING To be used with charter parties Page Conditions of Carriage (1) All terms and conditions, liberties and exceptions of the Charter Party, dated as overleaf, including the Law and Arbitration Clause/Dispute Resolution Clause, are herewith incorporated (2) General Paramount Clause The International Convention for the Unification of Certain Rules of Law relating to Bills of Lading signed at Brussels on 25 August 1924 (“the Hague Rules”) as amended by the Protocol signed at Brussels on 23 February 1968 (“the Hague-Visby Rules”) and as enacted in the country of shipment shall apply to this Contract When the HagueVisby Rules are not enacted in the country of shipment, the corresponding legislation of the country of destination shall apply, irrespective of whether such legislation may only regulate outbound shipments When there is no enactment of the Hague-Visby Rules in either the country of shipment or in the country of destination, the Hague-Visby Rules shall apply to this Contract save where the Hague Rules as enacted in the country of shipment or if no such enactment is in place, the Hague Rules as enacted in the country of destination apply compulsorily to this Contract The Protocol signed at Brussels on 21 December 1979 (“the SDR Protocol 1979”) shall apply where the Hague-Visby Rules apply, whether mandatorily or by this Contract General Average General Average shall be adjusted, stated and settled according to York-Antwerp Rules 2016 in London unless another place is agreed in the Charter Party op (3) y The Carrier shall in no case be responsible for loss of or damage to cargo arising prior to loading, after discharging, or while the cargo is in the charge of another carrier, or with respect to deck cargo and live animals Cargo’s contribution to General Average shall be paid to the Carrier even when such average is the result of a fault, neglect or error of the Master, Pilot or Crew New Jason Clause In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the Carrier is not responsible, by statute, contract or otherwise, the cargo, shippers, consignees or the owners of the cargo shall contribute with the Carrier in General Average to the payment of any sacrifices, losses or expenses of a General Average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the cargo If a salving vessel is owned or operated by the Carrier, salvage shall be paid for as fully as if the said salving vessel or vessels belonged to strangers Such deposit as the Carrier, or its agents, may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon shall, if required, be made by the cargo, shippers, consignees or owners of the goods to the Carrier before delivery (5) Both-to-Blame Collision Clause If the Vessel comes into collision with another vessel as a result of the negligence of the other vessel and any act, neglect or default of the Master, Mariner, Pilot or the servants of the Carrier in the navigation or in the management of the Vessel, the owners of the cargo carried hereunder will indemnify the Carrier against all loss or liability to the other or non-carrying vessel or her owners in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said cargo, paid or payable by the other or non-carrying vessel or her owners to the owners of said cargo and set-off, recouped or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying Vessel or the Carrier The foregoing provisions shall also apply where the owners, operators or those in charge of any vessel or vessels or objects other than, or in addition to, the colliding vessels or objects are at fault in respect of a collision or contact (6) International Group of P&I Clubs/BIMCO Himalaya Clause for bills of lading and other contracts 2014 (a) For the purposes of this contract, the term “Servant” shall include the owners, managers, and operators of vessels (other than the Carrier); underlying carriers; stevedores and terminal operators; and any direct or indirect servant, agent, or subcontractor (including their own subcontractors), or any other party employed by or on behalf of the Carrier, or whose services or equipment have been used to perform this contract whether in direct contractual privity with the Carrier or not (b) It is hereby expressly agreed that no Servant shall in any circumstances whatsoever be under any liability whatsoever to the shipper, consignee, receiver, holder, or other party to this contract (hereinafter termed “Merchant”) for any loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect or default on the Servant’s part while acting in the course of or in connection with the performance of this contract (c) Without prejudice to the generality of the foregoing provisions in this clause, every exemption, limitation, condition and liberty contained herein (other than Art III Rule of the Hague/Hague-Visby Rules if incorporated herein) and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the carrier or to which the carrier is entitled hereunder including the right to enforce any jurisdiction or arbitration provision contained herein shall also be available and shall extend to every such Servant of the carrier, who shall be entitled to enforce the same against the Merchant Sa m pl eC (4) (d) (i) The Merchant undertakes that no claim or allegation whether arising in contract, bailment, tort or otherwise shall be made against any Servant of the carrier which imposes or attempts to impose upon any of them or any vessel owned or chartered by any of them any liability whatsoever in connection with this contract whether or not arising out of negligence on the part of such Servant The Servant shall also be entitled to enforce the foregoing covenant against the Merchant; and (ii) The Merchant undertakes that if any such claim or allegation should nevertheless be made, it will indemnify the carrier against all consequences thereof (e) For the purpose of sub-paragraphs (a)-(d) of this clause the Carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons mentioned in sub-clause (a) above who are its Servant and all such persons shall to this extent be or be deemed to be parties to this contract For particulars of cargo, freight, destination, etc., see Page PHỤ LỤC Danh sách quốc gia vùng lãnh thổ phê chuẩn tham gia Quy tắc Hague, Quy tắc Hague-Visby Quy tắc Hamburg đến tháng 02/2014 Quốc gia Hague Hague Visby Hamburg Algeria X - - Angola X - - Antigua and Barbuda X - - Australia - + - Austria - - x Bahamas X - Barbados X - x Belgium - + - Belize X - - Bolivia X - - Bosnia X - - Botswana - - x Burkina - - x Canada - + Chile - - x Congo X - - Croatia X - - Cuba X - - Cyprus X - - Denmark - + - Ecuador - x - Egypt - - x Fiji X - - Finlad - + - France - + - Gambia X - - Ghana X - - Greece - + - Grenada X - - Guinea - - x Guyana X - - India = - - Iran X - - Ireland X - - Italy - + - Isarel X - - Ivory Coast X - - Jamaica X - - Japan - + - Kenya X - - Kiribati X - - Kuwait X - - Latvia - x - Lebanon - - x Lesotho - - x Liberia - = - Luxembourg - + - Macedonia X - - Madagascar X - - Malawi - - x Malaysia = - - Mauritius X - - Mexico - - x Monaco X - - Morocco - - x Nauru X - - Netherlands X + - Nigeria X - - New Zealand - + - Norway - + - Papua-N.Guinea X - - Paraguay X - - Peru X - - Poland - + - Portugal X - - Romania - - x ST.KITTS-NEVIS X - - S.Lucia X - - St.Vincent X - - Salomon ISL X - - Senegal - - x Seycelles X - - Sierra Leone - - x Singapore - x - Slovenia X - - Somalia X - - Spain - + - Sri Lanka - x - South Africa - = - Sweden - + - Switzeland - + - Syria - x - Taiwan = - - Tanzania - - x Tonga - x - Trinidad & Tobago X - - Tunisia - - x Turkey X - - Tuvalu X - - Uganda - - x United Kingdom X + - USA X - - Ugoslavia X - - Zambia - - x Ghi chú: ( - ) Không phê chuẩn ( x ) Phê chuẩn ( + ) Phê chuẩn bổ sung Nghị định thư SDR ( = ) Không phê chuẩn tham khảo điều chỉnh luật quốc gia ... tượng hợp đồng vận chuyển hàng hóa quốc tế đường biển 70 3.2 Chủ thể hợp đồng vận chuyển hàng hóa quốc tế đường biển 73 3.2.1 Người vận chuyển hợp đồng vận chuyển hàng hóa quốc tế đường biển ... VẤN ĐỀ LÝ LUẬN VỀ HỢP ĐỒNG VẬN CHUYỂN HÀNG HÓA QUỐC TẾ BẰNG ĐƯỜNG BIỂN 35 2.1 Tổng quan hợp đồng vận chuyển hàng hóa quốc tế đường biển 35 2.1.1 Khái niệm hợp đồng vận chuyển hàng hóa quốc. .. luận hợp đồng vận chuyển hàng hóa quốc tế đường biển, pháp luật hợp đồng vận chuyển hàng hóa quốc tế đường biển đánh giá thực tiễn áp dụng pháp luật hợp đồng vận chuyển hàng hóa quốc tế đường biển