Rights and Obligations of the Parties in Ship Charter Agreements Based on International Conventions and Arbitral Practices

Ship chartering contracts, as one of the primary pillars of maritime trade, play a key role in facilitating the international transportation of goods and services and are often confronted with legal complexities that necessitate effective mechanisms for managing tensions. The significance of these contracts in the global economy underscores the necessity of efficient approaches to preserve the balance of interests between the parties, particularly in circumstances where disputes can disrupt the flow of trade. Accordingly, this study employs a descriptive-analytical method to examine international legal sources, conventions, and arbitration practices, and through documentary analysis, it scrutinizes the theoretical and practical dimensions of the subject. The research findings reveal that the legal foundations of ship chartering in international maritime law are grounded in the principles of freedom of contract and trade protection, with the Hague-Visby Rules delineating the owner's obligations regarding the ship's safety and seaworthiness. The charterer's rights in charter parties encompass access to the vessel and compensation for delays or defects, which are frequently interpreted through arbitration, while arbitration resolves contractual ambiguities and imparts flexibility. The civil liability of the parties, based on IMO conventions such as SOLAS and MARPOL, emphasizes the prevention of incidents and compensation for environmental damages, with the Vienna Convention enhancing contract interpretation; arbitration practices also provide swift and custom-oriented solutions. Ultimately, it is recommended that bolstering international arbitration enhances contract efficiency and mitigates legal risks.

کلیدواژه ها:

Ship chartering ، International maritime law ، Maritime arbitration ، Hague-Visby Rules