Under English law, Charterers have an obligation to pay the full amount of the hire on or before the due date as per the Charter. In turn, Owners are entitled to withdraw the vessel if Charterers failed to make punctual and regular payment. In Tankexpress v. Compagnie Financière Belge des Pétroles [1948] 82 LIL Rep.43(HL), the importance of advance payment to Owners was clearly been stated under the employment of the vessel to the Charterers. A Commercial Court judge has decided that a failure to pay hire under an NYPE charterparty amounts to a breach of condition, entitling a ship-owner to terminate and seek damages additionally. (See Kuwait Rocks Co v. AMN Bulkcarriers (Astra) [2013] EWHC 865 (Comm).
However, this decision was not followed in the recent case, and the view is that payment of hire by the Charterers is no longer a term that could be classed as a condition of the charterparty (See Spar Shipping AS v. Grand China Logistics Holding (Group) Co., Ltd [2015] EWHC 718 (Comm)). However, the Owners can still withdraw the vessel for non-payment of hire.
See attached file: ALCO20150025 Deductions from Hire under NYPE.pdf
纽约土产格式下的租金扣减问题
英国法下，租家有义务按照租约在到期日或之前全额支付租金。如果租家没有准时并定期地支付租金，船东则有权撤船。Tankexpress v. Compagnie Financière Belge des Pétroles [1948] 82 LIL Rep.43(HL) 一案清晰地表明，租家在执行租约期间，向船东预付租金的重要性。商事法庭法官判决，在NYPE租约下未支付租金相当于违反合同的条件，船东有权终止合同并寻求额外的损害赔偿。(请参考Kuwait Rocks Co v. AMN Bulkcarriers (Astra) [2013] EWHC 865 (Comm))
但是，这个判决在近期的案件中已经不再适用。现在的观点认为，租家支付租金的条款已不再被视为租约的条件。(请参考Spar Shipping AS v. Grand China Logistics Holding (Group) Co., Ltd [2015] EWHC 718 (Comm))。但是，如果租金未付，船东仍然有撤船的权利。
详细信息请参阅附件。
