ΖΗΤΗΜΑΤΑ ΑΠΟ ΤΗΝ ΕΦΑΡΜΟΓΗ ΤΗΣ ΡΗΤΡΑΣ OFF-HIRE ΣΤΑ ΝΑΥΛΟΣΥΜΦΩΝΑ

Issues arising from the interpretation of Off-hire clause in charterparties Comparative study of English and Greek law Dimitrios I. Mitsakos Attorney at Law, LL.M. Maritime Law (Law School of Athens) ISBN 978-960-654-026-4 Abstract: This study aims to shed light on the main legal and factual issues arising from the interpretation of off-hire clauses in time charterparties. As the off-hire clausecomes fromtheEnglishcontract law,thestudy ismainlybasedontheanalysis of English case-law. At the same time, this thesis addresses the consequences of that clause, in case that the applicable law was the Greek one. The analysis begins with the examinations of several issues relating to the conditions for applying this clause, such as the criterion on the basis of which it is considered that“time thereby lost”in accordance with the agreed duration of the charterparty. Then it continues to the second part which focuses on the rights of cancellation, repudiation, withdrawal of the vessel and the right to claim for damages whichmay be exercised by the parties. COPYRIGHT All rights reserved. No part of this publication may be reproduced, stored in a re- trievalsystem,ortransmitted, inany formorbyanymeans,withoutthepriorpermis- sion of NOMIKI BIBLIOTHIKI S.A., or as expressly permitted by law or under the terms agreed with the appropriate reprographic rights organization. Enquiries concern- ing reproduction which may not be covered by the above should be addressed to NOMIKI BIBLIOTHIKI S.A. at the address below. DISCLAIMER The content of this work is intended for information purposes only and should not be treated as legal advice.The publication is necessarily of a general nature; NOMIKI BIBLIOTHIKI, the author and the contributors make no claim as to the comprehen- siveness or accuracy of the information provided; Information is not offered for the purpose of providing individualized legal advice. Professional advice should there- fore be sought before any action is undertaken based on this publication. Use of this work does not create an attorney-client or any other relationship between the user and NOMIKI BIBLIOTHIKI, or the author, or the rest of contributors. 23 Mavromichali str. | 106 80 | Athens | Greece T +30 210 3678 800 | F +30 210 3678 819 www.nb.org | info@nb.org © 2020, NOMIKI BIBLIOTHIKI S.A. LawPublishers inEurope