슬랏차터(Slot Charter)에 관한 諸問題

Issues under Slot Charters

With the explosive increase of the Slot Charter in the container trade, various legal questions have been raised, which opens new area to be explored One of the most complicated issues might be the identity of carrier, i.e, to resolve whether the owner or charterer is the carrier. In U.S.A it is noted that both the owner and Slot Charterer would be COGSA carriers under the multi-carrier approach As to the limited liability of carriers, Slot Charterer, if regarded as carrier of COGSA might seek Protection of limited liability under the bailment theory, while non - carrier- Slot Charterer has to resort to the Himalaya Clauses of the bill of lading. Also, it is argued whether the owner of the container can exercise the maritime lien against the vessel aboard such containers in case the lessee of container is in default of the charterage.