This article surveys the safe port and berth provisions that typically are found in charter party agreements. The author argues that courts and arbitrators often interpret these provisions unpredictably and inconsistently, creating uncertainty in maritime transactions. The author concludes by proposing a solution to this problem and offers a model safe berth provision that the parties to a charter should incorporate into their agreement.
Steven M. Rubin,
Safe Port and Berth Provisions in Time Charter Agreements: Apportioning Liability to Deter Accidents and Minimize Costs,
36 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol36/iss3/6