TY  - JOUR
TI  - ESTIMATED TIME OF ARRIVAL TERMS: ANALYSIS OF ‘START SAILING ON TIME OBLIGATION’ IN THE CONTEXT OF TIME CHARTERS
AB  - An estimated time of arrival term is usually subjected to discussions as to voyage charters. However, due to the fact that such a term will be useful in order for the arrangements regarding the first cargo to be loaded to be made properly and such a term will helpful for a time charterer to have an idea regarding the time when the ship is likely to arrive at the delivery location, shipowners and charterers might also prefer to include this term into time charters. At this point, the purpose of this article is to analyse the impact of a term related to estimated time of arrival of the vessel at the delivery location on time charter relations. It has been established that where the voyage charters contain an estimated time of arrival term, the shipowner is required to commence sailing for the port of loading at a time when, by proceeding with all convenient speed, she will normally reach the loading port by the specified estimated time of arrival. Whether the similar obligation can be imposed to the shipowner under a time charter remains unsettled at the time of writing. In this paper, the author intends to fill the gap in this area of law. In this regard, whether the shipowner has an obligation to start sailing for the delivery location on time under time charters where the charter contains an estimated time of arrival term for the delivery of the vessel will be the main question which the paper will focus. The answer of this question is tried to be given in the light of the grounds behind the existence of the shipowner’s start sailing on time obligation under voyage charters. Since the English law is predominant in the field of charterparties, the analysis will be made in this paper from an English Law perspective
AU  - Cerit Dindar, Ceren
PY  - 2021
JO  - Dehukam Deniz Hukuku Dergisi
VL  - 4
IS  - 1
SN  - 2602-4055
SP  - 3
EP  - 32
DB  - TRDizin
UR  - http://search/yayin/detay/1117517
ER  -