The safe port warranty in charterparty agreements: The certain problematic aspects under English Law

Abstract

The aim of this dissertation is to analyze the safe port warranty under the English law. The issues of safe port warranty have always been considered as those that require lengthy legal analysis in practise. This statement seems to be valid even today. In accordance with the recently published data, ship incidents at port have constituted the largest loss claims in the latest years. From this perspective, the matters of the safe port warranty should form a subject of charterers and shipowners interest. However, some authors claim that there is an obvious lack of accurate understanding of the warranty in question within the shipping industry. Therefore, the present paper has tried to bring a light on some core problems such as: 1) what is the essence of the safe port obligation? And how the safety of the port can be determined 2) where the breach of the contractual obligation in question lies? 3) how does the warranty operates in terms of the voyage charterparties?