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14 J. Mar. L. & Com. 69 (1983)
The New York Produce Exchange Charterparty: The Clause Paramount and Responsibility for Cargo Operations and Seaworthiness

handle is hein.journals/jmlc14 and id is 73 raw text is: Journal of Maritime Law and Commerce, Vol. 14, No. 1, January, 1983 The New York Produce Exchange Charterparty: The Clause Paramount and Responsibility for Cargo Operations and Seaworthiness RUSSELL W. PRITCHETT* I. Introduction The New York Produce Exchange-approved government form time charter is widely used throughout the world.1 Like many other printed form documents used in maritime commerce, the NYPE form has been periodically polished by draftsmen in attempts to ease problems which have arisen in the judicial construction of the form, or to reflect developments in maritime commerce. This article is concerned with the last two amendments to the NYPE form, those of 1946 and 1981. Many long-term charter parties were written on the 1946 form, and many vessels are presently chartered under that form. The 1946 amendments to the NYPE form were partly in response to the enactment in 1936 of the United States Carriage of Goods by Sea Act.2 Although COGSA does not by its terms apply to a time charter,3 the NYPE form was amended in 1946 so that the 1946 form includes, in clause 24, the following language: It is also mutually agreed that this Charter is subject to all the terms and provisions of and all the exemptions from liability contained in the Act of Congress of the United States approved on the 13th day of February, 1893, and entitled An Act relating to Navigation of Vessels, etc., in * Member, Washington State Bar Association. 'Hereinafter called the NYPE form. The text of the 1946 form is reprinted in G. Gilmore and C. Black, The Law of Admiralty 1003-1010 (2nd ed. 1975); the text of the 1981 form is reprinted at 13 J. Mar. L. & Comm. 552 (1982). 2 46 U.S.C. §§1300-15, hereinafter referred to as COGSA. COGSA is the implementing legislation enacted prior to the United States' ratification of the Hague Rules (the Brussels Convention, 1924) in 1937. Hereinafter, a reference to a form of the Hague Rules is intended to include COGSA, as well as any enactment of the Hague Rules or the Hague-Visby Rules. 3 46 U.S.C. §1305.

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