These charterparty forms are widely used by owners and charterers both within and outside the Shell Group. Discussion of the wording and interpretation of the charterparty clauses will assist those owners and charterers who are fixing tankers on these forms.

Introduction

1.       Description and condition of vessel/safety management
2.       Shipboard personnel and their duties

3.         Duty to maintain

4.         Period and trading limits (and safe places)

5.         Laydays/cancelling

6.         Owners to provide

7.         Charterers to provide

8.         Rate of hire

9.         Payment of hire ­

10.       Space available to charterers

11.       Tonnage certificate

12.       Instructions and logs

13.       Bills of lading

14.       Conduct of vessel's personnel

15.       Bunkers at delivery and redelivery

16.       Stevedores, pilots, tugs

17.       Supernumeraries

18.       Sub-letting/assignment/novation

19.       Final voyage

20.       Loss of vessel

21.       Off-hire

22.       Periodical drydocking

23.       Ship inspection

24.       Detailed description and performance

25.       Salvage

26.       Lien

27.       Exceptions

28.       Injurious cargoes

29.       Grade of bunkers

30.       Disbursements

31.       Laying-up

32.       Requisition

33.       Outbreak of war

34.       Additional war expenses

35.       War risks

36.       Both to blame collision clause

37.       New Jason clause

38.       Clause paramount

39.       TOVALOP

40.       Export restrictions

41.       Business principles, ShellLNGTime Clause 42

42.       Drugs and alcohol, ShellLNGTime Clause 43

43.       Oil major acceptability

44.       Pollution and emergency response

45.       ISPS Code/US MTSA 2002/Law and litigation/Arbitration, etc

46.       Law and litigation

47.       Confidentiality

48.       Construction

49.       Notices

50.       Definitions

51.       Additional clauses

52.       ShellLNGTime Clause 16: LNG retention/supply for operational purposes

53.       ShellLNGTime Clause 23: Ship to ship transfers

This comparison is intended for those who are already familiar with Shelltime 1984, whether from a practical/commercial or a more legal point of view. It aims to create an awareness of the differences involved in fixing on Shelltime 2003 or ShellLNGTime. Therefore, the publication discusses the differences between Shelltime 2003 and Shelltime 1984, and the further differences between ShellLNGTime and Shelltime 2003. Since ShellLNGTime is based on Shelltime 2003, those who are concerned with ShellLNGTime should assume that all points made when comparing Shelltime 2003 with Shelltime 1984 also apply to ShellLNGTime.

We must emphasise that in this comparison we are discussing the charterparty forms as documents and discussing their written terms. We are not discussing the way in which the Shell Group conducts business, and many of the cautions we give with regard to the ways charterparty clauses could be used by charterers may not be relevant to those who are fixing vessels for the Shell Group itself. However, these charterparty forms are widely used in the market by charterers outside the Shell Group, and a discussion of the wording of the charterparty clauses and the ways in which they could be used may be helpful to those owners who are fixing vessels to charterers outside the Shell Group.

We hope that some of our suggestions will assist owners in foreseeing potential problems with Shelltime 2003 or ShellLNGTime and in negotiating the detailed wording of fixtures to avoid such difficulties.

INTERTANKO

INTERTANKO (the International Association of Independent Tanker Owners) is a trade association that has served as the voice for independent tanker owners since 1970, representing the interests of its Members at national, regional and international levels.

The organisation champions an industry dedicated to support global energy networks by delivering safe, efficient and environmentally sound transport services.

INTERTANKO actively works on a wide range of operational, technical, legal and commercial issues affecting tanker owners and operators around the world. It draws on regular and direct contact with its Members and other industry stakeholders to develop and disseminate information and best practice, essential to the tanker industry.

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