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1989 SEMINAR KNOKKE ZOUTE .Pdf 1.94 MB C.M.I. COMITE MARITIME INTERNATIONAL SEMINAR ON BAREBOAT CHARTERPARTIES REPORT KNOKKE-ZOUTE APRIL 1989 SEMINAR ON BAREBOAT CHARTERPARTIES INDEX List of Speakers and Members of Secretariat Page 1 List of Participants Page 2-8 Opening Address by Mr. W. Birch Reynardson Page 9 Presentation of General Papers: Purpose for which the bareboat charterparty is used: Professor F. Berlingieri Pages 10-15 Rights and obligations: a) Dr. B. Kroger Pages 16-27 b) Mr. W. Birch Reynardson Pages 28-35 Allocation of risks and costs: a) Professor J. Ramberg Pages 36-46 b) Mr. J. Kimball Pages 47-58 Bareboat charter for newbuilding: a) Mr. J. Alcantara Pages 59-63 b) Professor W. Tetley Pages 64-78 Bareboat charter for trading ships: a) Professor T. Falkanger Pages 79-84 b) Mr. R. Heward Pages 85-90 Analysis of contract clauses: Mr. M. Wilford Pages 91-98 Registration and mortgage security: Dr. P. Ehlermann Pages 99-108 Registration of ships under bareboat charter with particular reference to dual registration: Mrs. Vesna Polio Curcio Pages109-118 5. Report on discussion session: April6 Pages119-123 6. Summing up by Professor F. Berlingieri Pages124-128 7. Special papers. Appendix Pages 1-25 SPEAKERS Professor F. BERLINGIERI (President, C.M.I.) Mr. W. BIRCH REYNARDSON (Rapporteur) Mr. J. ALCÁNTARA Mrs. V. POLIC CURCIC Dr. P. EHLERMANN Professor T. FALKANGER Mr. R. HEWARD Mr. J. KIMBALL Dr. B. KROGER , Professor J. RAMBERG Professor W. TETLEY Mr. M. WILFORD SECRETARIAT Mr. G.E. BOUTON Miss J. CHALLENOR (Seminar Secretary) Mrs. P. LAWRENCE Mrs. A. PHILIPPART Miss H. SCHRYNEMAKERS C.M.I. SEMINAR KNOKKE 5/6 APRIL 1989 LIST OF ATTENDANCES AND ADDRESSES ALLEN M.L. c/o William A. Crump & Son 42 Dolben Street, London SE1 United Kingdom ALLESTAM Mats Brax Shipping AB Skeppsbron 5 S-411 21 Gothenburg Sweden BEARE Stuart c/o Richards Butler 61 St. Mary Axe London EC3A 8AA United Kingdom BERLINGIERI Giorgio 10 Via Roma 1-16121 Genova Italy BIRCH REYNARDSON T.H. c/c Holman Fenwick & Willan Marlow House Lloyd's Avenue London EC3 United Kingdom BOMAN Lars c/o Morssing & Nycander - PO Box 3299 S-103 66 Stockholm Sweden BOWTLE Graeme c/c Richards Butler 5 Clifton Street London EC2A 4DQ United Kingdom BUREAU Xavier c/c Rembauville-Nicolle et Bureau 161 Bd Haussmann Paris 8e France 3 CALMON FILHO Pedro c/o Calmon Filho & Associados Av Franklin Roosevelt194/801 Rio de Janeiro R.J. CEP 20021 Brazil CHIRCO Mauro Via D. Chiossone 7/20 Genoa Italy COVA ARRIA Luis Edificio Karam-Piso - Oficina 713 Av. Urdaneta Ibarras A Pelota Apartado 1200 Caracas 1010 Venezuela DANIELS Thomas c/o Peter Dohle Schiffahrts -KG (GmbH & Co.) Palmaille33 2000 Hamburg 50 D,B.R. DELWAIDE Leo Markgravestraat 9 2000 Antwerpen Belgium DE BRUYNE Hans c/o Henrijean NV Rue de la Science,43 1040 Bruxelles Belgium DE LA RUE Collin c/o Ince & Co. Knollys House 11 Byward Street London EC3R 5EN Mrs DROBNIG Isa c/o Hasche-Albrecht-Fisher Valentinskamp 88 2000 Hamburg 36 B.D.R. DUFFY R.M.L. International Chamber of Shipping 30 St. Mary Axe London EC3 8ET United Kingdom 4 FLETCHER G.J. c/o Langlois & Co. Frankrijklei 115 2000 Antwerp Belgium FOGH Peter c/o Gorrissen & Partners 37, Amaliegade DK-1256 Copenhagen K. Denmark Mrs FU HUEIZHONG c/o China Maritime Law Association 1, Fuxingmen Wai Street Beijing China GAO ZHUNLAI c/o China Maritime Law Association 1, Fuxingmen Wai Street Beijing China GODIN Philippe 3, avenue Elisee Reclus 75007 Paris France GOMBRII Karl J. F.O.B. 3033 El. 0207 Oslo 2 Norway GREGERSEN Stig c/o Assuranceforeningen SKULD Frederiksborggade 15, 1360 Copenhaghen K Denmark GRELLET Luc SCP Courtois Bouloy Lebel 5, rue de Chaillot 75116 Paris France GUNN I.A. General Council of British Shipping 30/32 St. Mary Axe London EC3A 8ET HEALY N.J. Healy & Baillie 29 Broadway New York N.Y. 10006, USA 5 HOJER Jorgen BIMCO Kristianagade 19, 2100 Copenhagen Denmark HOLLENFELTZ DU TREUX Peter c/o Outshoorn & Landau Meir 28-30 2000 Antwerp Belgium JANSSENS Victor c/o C.M.B. NV Meir 1 2000 Antwerp Belgium KALPIN Soviet Maritime Law Association 6.B Koptievsky Pr. 125319 Moscow USSR KIRST Wulfert c/o Peter Dohle Schiffahrts-KG (GmbH & Co) Palmaille 33 Hamburg 50 D.B.R. KOBAYASHI Tomotsugu 6-27-12 Maehara Higashi Funabashi Chiba Japan KOLODKIN A.L. President Soviet Maritime Law Association 6,B Koptievsky Pr. 125319 Moscow USSR LANGE Herman Schermersstraat 30 2000 Antwerp Belgium Mrs LEI MIN China Maritime Law Association 1 Fuxingmen Wai Street Beijing China McGOVERN J. Niall Oakdene 166 Merrion Road Dublin 4 Ireland MARGAOUI Mohamed President Association Marocaine de Droit Maritime 30, Bd. Mohammed V Casablanca 01 Morocco Mrs MATTEI-DAWANCE Genevieve 51 Av. Georges Mandel 75016 Paris France Mrs MEYER ZINNER Ministerie van Verkeer en Waterstaat Bordewijkstraat 4, 2288 2B Rijswijk Netherlands MICKLETHWAITE Neil P. c/o Gouldens 22 Tudor Street London EC4Y OJJ United Kingdom NIELSEN Bent Reumert & Partners Bredgade 26 Copenhagen K Denmark Mrs PAGEARD Geraldine 12 bis, Avenue Bosquet 75007 Paris France PALME Claes Hamngatan 11, S-11147 Stockholm Sweden PALMER Richard W. 956 Public Ledger Building Philadelphia PA 19106 USA PUTZEYS Jacques Rue St. Bernard 98 1060 Bruxelles Belgium RAPOSO Mario Rua Rodrigo da Fonseca 149-3oDt. 1000 Lisboa Portugal RAY J.D. Edye Roche de la Vega & Ray 25 de Mayo 489 -5th Floor (1339) Buenos Aires Argentina -7 REYNOLDS F.M.B. Worcester College Oxford 0X1 2HB United Kingdom Prof. Dr. RICHTER R. President Association for Maritime Law of the German Democratic Republic Lagerstrasse 26 DDR (2500) Rostock SAMUELSON Nils OK Petroleum AB Warfvinges Vag 25 112 91 Stockholm Sweden SASEGBON Fola 6, Ijora Causeway Box 245 Lagos Nigeria MUNDY Erling Rolf President Asociacion Uruguaya de Derecho Maritimo Circunvalacion Durango 1455 (Plaza Zabala) Montevideo Uruguay SCHULTSZ Jan C. 42 Pieter De Hoochstraat 1071 EG Amsterdam Netherlands SICCARDI Francesco Via Serra 2/8 16122 Genoa Italy SLATER A.G. Clifford Chance Blackfriars House 19 New Bridge Street London EC4V 6BY United Kingdom TANIKAWA Hisashi 4-15-33-308, Shimorenjaku, Mitaka City, Tokyo Japan TISI Francesco Eni-Dialeg/Asleg C (lo Pal.Uff.-8o Piano) 20097 S.Do Mi.I.se (MI) Milano Italy 8 TURCI Sergio Via Ceccardi4/30 16121 Genoa Italy VAN DE VELDE Jan Ministerie van Verkeer Bestuur Zeewezen Aarlenstraat 104 1040Brussels Belgium VAN DEN HEUVEL Jozef Schermersstraat 30 2000 Antwerp Belgium VINCENZINI Enrico Scali d'Azeglio 52 Livorno Italy VOLK Kenneth H. Burlingham Underwood & Lord One Battery Park Plaza - 25th fi. New York, N.Y. 10004 USA MOT Jean 12 bis, Avenue Bosquet 75007 Paris France Dr. F.L. WISWALL, Jr 10935 Lawyers Road Reston, Virginia 22091-4908 USA VON ZIEGLER Alexander Lowenstrasse 19 CH 8032 Zurich Switzerland 9 OPENING ADDRESS BY MR WILLIAM BIRCH REYNARDSON, GENERAL RAPPORTEUR Mr. President, Ladies and Gentlemen. May I first start by thanking those who have made this Seminar possible; the twelve speakers who have prepared such excellent papers, the C.M.I. Administration office in Antwerp led by Henri Voet which has been responsible for the registration of participants and for the authorities at this hotel who have made the arrangements for the Seminar itself. Second, may I stress that this is a Seminar not a Colloquium, in other words we are here to learn and not to talk, though this does not mean that there should be no discussion - indeed quite the contrary; we have made specific provision in the programme for discussion time at the end of the delivery of each paper and for the Working Session tomorrow afternoon to be reserved for discussion. Because the papers have been circulated in advance and will have been read by all of you, I have suggested to the speakers that they should not feel bound in their presentations to keep to the precise texts of their papers. When twelve people write papers on this fairly restricted subject there is bound to be some overlap and I hope that, by adopting this somewhat flexible approach, too much repetition will be avoided. This Seminar is the fifth in the series of international meetings which have been organised by the C.M.I. in addition to its Conferences. The first was the Seminar at Aix en Provence, in September1976,when the subject was Apportionment of risk in Maritime Law.This was followed by the Colloquium in Vienna, in January1979,when we discussed the Hamburg Rules. In May1983,we were in Venice discussing Bills of Lading. Then, in November1987,the Colloquium on Protection against Insolvency in Maritime Law took place in New Orleans with the Maritime Law Association of the United States and the Maritime Law Center of the Tulane Law School as co-hosts. These meetings have, I think, proved useful as fora for both learning and discussion. I have little doubt that this Seminar will prove an equally useful and, I hope, enjoyable occasion. Thank you very much. 10 BAREBOAT CHARTERPARTIES PURPOSE FOR WHICH THE BAREBOAT CHARTERPARTY IS USED BY FRANCESCO BERLINGIERI In the 15th edition of Scrutton's Charterparties and Bills of Lading it is stated (1) that charterparties fall into three main categories, viz. charters by demise, time charters and voyage charters. In respect of charters by demise in a footnote, it is further stated as follows: Charters by demise have in modern times largely fallen out of use, with the important exception of the war of 1939-1945, when they were extensively used by the British Government. It is significant that the first general standard forms of bareboat charterparty for dry cargo vessels (2) are relatively recent, having been issued only fifteen years ago, in 1974, by BIMCO.
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