In the recent appalling freight market, many owners may be forced to consider to withdraw the vessel from charterers’ employment due to charterers’ failure to pay hire.
In general, if a vessel has still cargo on board at the time the charterparty was terminated and incur time and expense to discharge the cargo, the owner would be able to claim for remuneration (time loss to the vessel) and expenses from the charterers if the owners were acting as an agent of necessity or as a bailee in taking care of the cargo.
It is important to note that if the agent of necessity was caused as a result of the owner’s own decision or in exercise of their right to terminate the charterparty, the owners would not be entitled to remuneration (time loss to the vessel) and only for the costs of bunkers consumed and costs of cargo discharge.
As a general principle of English law, in the absence of an agency of necessity a party on whom a benefit has been conferred is not obliged to pay for that benefit.
See attached file : ALCO20120019Vessel withdrawal with cargo on board.pdf
有货物在船时的撤船
航运市场持续低迷，许多船东面临租家不能按时支付租金的问题，不得不考虑撤船。
一般而言，如果租约终止时船上仍装有货物，船东作为必要的代理人或作为受托人照料货物，从而产生卸货时间和费用时，船东有权向租家索偿（船舶时间损失）和费用。
值得注意的是，如果是船东自己决定或行使其终止租约的权利而终止租约，使船东作为必要的代理人，那么船东将无权获得(船舶时间损失)赔偿，而只能获得燃油消耗和卸货费用的赔偿。
作为英国法的一般原则，在缺乏作为代理人的必要性时，没有义务向获得利益的一方支付该利益。
以上由 ANDREW LIU & CO.,LTD 编译，应以英文为准！
详细信息请参阅附件。
