In November BIMCO released its revision of the Supplytime 89 Uniform Time Charter Party for Offshore Services Vessels. Since it replaced its SUPPLYTIME BIMCO UNIFORM TIME CHARTER PARTY FOR OFFSHORE SERVICE VESSELS CODE NAME: “SUPPLYTIME 89”. To view this document. Queen’s Bench Division, Commercial Court, Gloster J, 5 December On the proper construction of cl 10(e) of the BIMCO Supplytime

Yash Kulkarni instructed by Thomas Cooper for the charterers.

supplytimd By a time charterparty on an amended BIMCO Supplytime form, the claimant owners agreed to charter a vessel to the defendant charterers for two years firm.

The charterparty contained a London arbitration clause.

Further, cl 10 e of the charterparty provided, inter alia: The owners contended that there was no requirement to give some form of antecedent or supplytmie notice before suspending the provision of services. The owners appealed pursuant to s 69 of the Arbitration Act The charterers submitted, inter alia, that the court should have in mind that the Supplytime 89 form was not an ordinary time charter. It was used for what were often complicated offshore su;plytime, such as pipe-laying, which might very well have limited weather windows within which operations could be carried out.

The parties to such a contract would always, therefore, bijco that the consequences of suspending a vessel in the middle of such operations were likely to be severe.

Shipping—Charterparty—BIMCO Supplytime 1989 form

Thus the risk profile of the charterer would be very high; if service were temporarily suspended, a charterer might well face substantial upstream claims from its contractors. Other standard forms such as the NYPE form expressly linked the grace period to the right of suspension.

Largely for the reasons given by the owners, her ladyship concluded that the question of law should be decided in the negative.

There was no lack of commerciality in a provision which allowed owners, for example, to refuse to take the vessel out of port in circumstances where charterers had failed to pay bunkers within 23 days of the receipt of an invoice.

Why, in those circumstances, should there be any lack of fairness in a provision which did not require yet a further notice provision and yet a further lapse of time before owners could exercise their suspension rights? That was particularly so in circumstances where charterers were entitled to withhold payment in respect of invoices which they disputed.

Suspending performance – No notice required under Supplytime 89 : Clyde & Co (en)

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Supplytime 05: BIMCO Finalises Its Revision of Supplytime 89

You are here Home. Gloster J The charterers submitted, inter alia, that the court should have in mind that the Supplytime 89 form was not an ordinary time charter.

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