정기용선계약상 구상청구에 관한 연구

A Study on the Claims for Indemnity under Time Charterparty

This paper aims to analyse to the claims for indemnity under time charterparty with NYPE form etc. The shipowner may be entitled, either by implication of law or express agreement, to be indemnified by the time-charterer against loss falling upon him in consequence of the latter’s acts or of complying with the latter’s requests or orders. Thus such a right of indemnity may(subject to the express terms of the charter) be implied by law if the master of a time-chartered vessel at the request of the time-charterers delivers the cargo without production of bills of lading; the shipowner is then entitled to be indemnified against subsequent liability to the holders of the bills of lading. Time charters usually contain an express indemnity clause. Such clauses vary in detail but a common form is as follows: the captain(although appointed by the owners) shall be under the orders and direction of the charterer as regards employment, agency, or other arrangements, and the charterer hereby agrees to indemnify the owners for all consequences or liabilities that may arise from the captain signing bills of lading by the orders of the charterer or their agents or otherwise complying with such orders or direction. The range of the protection thus afforded to the shipowner will in all cases depend upon the exact language used.