정기용선계약상 항로지시에 관한 판례 연구 - The Hill Harmony사건 -

A Case Study on the Routeing Directions in Time Charter

The purpose of this paper is to consider the house of Lord's final verdict in English court on whether the time charterers may give the owners of the vessel binding instructions as to the route from A to B or whether this is entirely within the navigational discretion of the master. As a result, The House of Lords in The "Hill Harmony" held that the time charterers are entitled to give routeing instructions to the owners and master, finding important points as follows; Firstly, where a vessel is chartered on terms that require the master to prosecute voyages with the utmost despatch and to follow the orders of the time charterers as to the employment of the ship, the owner and master is bound to obey the time charterer's directions regarding the route to be followed, subject to the vessel, or her crew, or cargo and the express terms of the relevant Charter Party. Secondly, if the master does not follow direction validly given by the time charterers, the owners will not be able to rely on the exception of "error in navigation or management of the vessel" set out in Article Ⅳ Rule 2(a) of the Hague-Visby Rules. The underlying case represents one of the landmark authority in time charter and shall be been as a logical, fair and sensible readjustment of the balance of interest between the owners and the time charterers.