NYPE - Third Party Intervention: Can An Efficient Vessel Be Placed Off-Hire?

November 2002

In the last 25 years, five significant English cases have dealt with the inception of off-hire under the NYPE time charter form, each arising from third party intervention. With increasing port state involvement, such intervention is likely to become more common in the future; and the purpose of this article is to examine the approach adopted by the courts, in an attempt to reconcile some apparent inconsistencies in the reported judgments.

 The full article can be downloaded  here .

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This article by John Weale* was first published in the Journal Of Maritime Law And Commerce, Vol. 33, No. 2, April 2002 pp 133-177. It is published on the Steamship website with permission of the Journal's publishers.

 

*The author is Vice President, Risk Management, of Fednav Limited, and President of the Association of Maritime Arbitrators of Canada.