Short Maritime Glossary of Technical and Legal Terms Last updated 27-Aug-2014
The ASBATANKVOY was first published by A.S.B.A. in October 1977. A.S.B.A. did not develop the form but, as will be explained, took it over from Exxon, as the company was then known. Exxon had used the identical form, including the arbitration clause, since 1969 in its form known as the EXXONVOY 1969. This form was used not only by Exxon but by many third parties, both owners and charterers. These third parties found the form to be fair and that it balanced the commercial interests of both sides. Subsequently, Exxon developed a new substantially different charter and let it be known that it would no longer support, print or otherwise make available the EXXONVOY 1969. The trade did not believe the new Exxon charter party was fair. As a result, A.S.B.A. agreed to take over, maintain, and publish the EXXONVOY 1969 and renamed it, without any change in wording, the ASBATANKVOY. The form has remained, again without any change in wording, in general usage to this day.
Personal security provided by a defendant to the court to prevent the arrest of a ship or to secure its release from arrest. The security takes the form of a bail bond, in which the sureties submit to the jurisdiction of the court and undertake that if the defendants does not pay what may be adjudged against them or what is agreed by settlement, execution may issue against them as sureties for the amount due.
Breakbulk ships, also called general cargo ships, are multipurpose vessels that transport cargos of nonuniform sizes, often on pallets. The inboard space on these ships is usually divided longitudinally by transverse bulkheads into a series of cargo compartments of approximately equal volume. The cargo on a breakbulk ship is handled through large rectangular deck openings (hatches) over each cargo space. Mechanically operated hatch covers are used to close the openings. Breakbulk cargo handling between pier and ship is usually done by means of cargo booms installed at each hatch end on board. However, an increasing number of breakbulk cargo ships are being fitted with revolving deck cargo cranes, instead of masts, booms, and winches (see photo). See also Breaking Bulk, below.
Source: ANALYSIS OF THE INTERNATIONAL COMPETITIVENESS OF THE U.S. COMMERCIAL SHIPBUILDING AND REPAIR INDUSTRIES, 1985.
At common law the general rule was that no dishonest or wrongful act whatever done by a bailee during the bailment could be a trespass or theft, unless in the case of certain acts which were held to destroy the identity of the subject of the bailment, and consequently the bailment itself. Thus, where a bailee of a package or bulk took things out of the package or broke the bulk, he so far altered the thing in point of law that it became no longer the same package or bulk which he received, and therefore his possession was held to become trespassory (Viner, Tresp. 468, 503; B. v. Fletcher, 1831, 4 Car. & P. 545; Possession in the Common Law, Pollock and Wright).
Source: ENCYCLOPAEDIA OF THE LAWS OF ENGLAND. VOLUME II. 1897.
Ballasting, loading or discharging operations carried out without recourse to opening ullage and sighting ports. During closed operations, ships will require the means to enable closed monitoring of tank contents, either by a fixed gauging system or by using portable equipment passed through a vapour lock.
… neither in common parlance nor in legal phraseology is the word 'damage' used as applicable to injuries done to the person, but solely as applicable to mischief done to property.
Smith v Brown  40 LJQB 214, per Cocburn CJ at p.218
This is a technical term in commercial law, meaning the departure of a ship from the course of navigation which is either usual and proper, or one expressly agreed to be followed on the voyage, with reference to which the contract is made. The contracts under which deviation can take place are those of bottomry, affreightment, and marine insurance.(ENCYCLOPAEDIA OF THE LAWS OF ENGLAND VOLUME IV, 1905)
A principle of fundamental fairness and justice applied by admiralty courts and arbitrators in maritime disputes where the circumstances of the case warrant doing so. As used in maritime law, the term "equity" must not be confused with "Equity", being that body of law administered by a court of Equity such as the Court of Chancery in England.
|Federal Judicial Circuits||
The thirteen federal judicial circuits of the United States are as follows:
A tank, compartment or container is gas free when sufficient fresh air has been introduced into it to lower the level of any flammable, toxic or inert gas to that required for a specific purpose, e.g. Hot Work, entry etc
Means the introduction of fresh air into a tank with the object of removing toxic, flammable and inert gases and increasing the oxygen content to 21% by volume.
Time charterparty where BIMCO Piracy Clause had been specifically amended by deletion of paragraphs (a) and (b) which reflects the market practice where it was intended that the vessel could transit GOA without the owner’s consent. Such a vessel is marketed as "GOA OK", which gives her a competitive advantage over vessels for which such a route requires owners’ consent.
|Jason clause/ New Jason clause||
A clause in American bills of lading which permits the carrier (supra) to collect general average contributions (supra) from cargo owners in situations where the carrier is at fault, but is not responsible for the cargo loss or damage under the Harter Act 1893 (supra) or COGSA (supra). The name originates in the U.S. Supreme Court’s decision in The Jason 225 U.S. 32 (1912), where the clause was upheld under the Harter Act.
|Laytime Definitions for Charter Parties 2013||
Laytime and demurrage are fundamental to tramp shipping. Specialist terms which have evolved over the years have been extensively analysed by legal commentators and frequently tested in the courts. This has resulted in subtle distinctions where a choice of term or use of language can advance or delay the commencement of laytime and mean the difference between demurrage starting on Friday afternoon or the following Monday morning.
The Laytime Definitions for Charter Parties 2013 (Laytime Definitions), (follow link), have been developed to provide practitioners with a set of meanings of commonly-used words and phrases. The objective is to help reduce disputes about party intentions in a market where fixtures are often concluded on the basis of a recap message and listed amendments, without the exchange or return of draft contracts. The Laytime Definitions are available for incorporation into charter parties or possibly used as an agreed reference for dispute resolution. In addition, they can be used as an educational resource to assist industry entrants and others wishing to develop an understanding of the contractual and legal complexities surrounding laytime and demurrage.
A common law term derived from the Courts of Equity, referring to the failure of a plaintiff to assert his claim within a reasonable time, which alone or with other circumstances, causes prejudice to his debtor or to third parties, resulting in the dismissal of his tardy suit on equitable grounds.
The Oil Companies International Marine Forum (OCIMF) is a voluntary association of oil companies with an interest in the shipment and terminalling of crude oil, oil products, petrochemicals and gas.
The introduction of inert gas into a tank already in the inert condition with the object of further reducing the existing oxygen content and/or reducing the existing hydrocarbon gas content to a level below which combustion cannot be supported if air is subsequently introduced into the tank.
One of the most significant safety initiatives introduced by OCIMF is the Ship Inspection Report Programme (SIRE). This programme was originally launched in 1993 to specifically address concerns about sub-standard shipping. The SIRE Programme is a unique tanker risk assessment tool of value to charterers, ship operators, terminal operators and government bodies concerned with ship safety.
10,000–24,999 DWT:General Purpose tanker
25,000–54,999 DWT: Medium Range tanker
55,000–79,999 DWT: Long Range 1 (LR1)
80,000–159,999 DWT: Long Range 2 (LR2)
160,000–319,999 DWT: Very Large Crude Carrier (VLCC)
320,000–549,999 DWT: Ultra Large Crude Carrier (ULCC)
source: Wiki: Tanker (ship)
|Threshold Limit Value (TVL)||
Airborne concentration of substances under which it is believed that nearly all workers may be exposed day after day with no adverse effect. TVLs are advisory exposure quidelines, not legal standards, and are based on industrial experience and studies. There are three different types of TVL:
Time Weighted Average (TLV-TWA) – The airborne concentration of a toxic substance averaged over an 8 hours period, usually expressed in parts per million (ppm).
Short Term Exposure Limit (TVL-STEL) – The airborne concentration of a toxic substance averaged over any 15 minute period, usually expressed in parts per million (ppm).
Ceiling (TLV-C) – The concentration that should not be exceeded during any part of the working exposure.
|Vessel Size Groups (in deadweight tons)||
Source: UNCTAD (2000) Review of Maritime Transport. Lloyd's Register information sheet.