ABSTRACT

Early redelivery of the vessel by charterers has become a common occurrence in the chartering practice, due to economic downturns and the surplus of ship tonnages in shipping industry and the consequent impact these have had on charter rates. The shipowner can refuse the anticipatory repudiation of the charterer, keep the charter alive and bring a claim for the agreed charter hire in order to receive the balance of the minimum charter period or alternatively he can accept it, terminate the charter and sue for damages. Broadly speaking, under a time charter the shipowner promises to make his charter services available to the charterer and to comply with employment instructions of the charterer. In contrast to the cooperation qualification, the shipowner’s right to keep the charter alive and bring a claim for charter hire following early redelivery might be negatived by relying on legitimate interest qualification, depending on the facts of the particular case and how it will be construed.