租约中的货物积载:短装与亏舱索赔

Stowage of Cargo in Charter Party: Shortlifting and Deadfreight Claims

对于从事航运业的人(包括海事仲裁员和海事律师)来说．常常回顾一下航运方面的基础知识可能是非常有益的，近几个月，笔者参预了数宗仲裁案件，大多涉及到货物积载问题，而且裁决的金额很大。

The stowage factors of cargoes are different, and there also exist other limiting factors in the ship’s carriage conditions, so a special ship may be not suitable for a particular cargo. It often takes place that the ship chartered is unable to carry the full cargo stemmed, resulting in the charterers claiming from the owners for shortlifting and/or the owners counter-claimed for deadfreight. It is submitted that the charterers should be responsible for a suitable vessel, but there is no authority or leading case in common law, and the arbitration awards are quite uncertain. This paper analyses five arbitration cases in which the writer have been involved over the past few months, which aims at alerting the Chinese shipping circle to be very careful to fix a ship that suits the cargo in mind.