Charter party explained: types, clauses and what they commit you to

Wednesday, September 24 , 2026
TL;DR: A charter party is the contract between a shipowner and a charterer for the use of a ship: it fixes the rate, the obligations, and, crucially, who carries which risk. Most are built on standard forms (NYPE for dry time charters, GENCON for dry voyage business, Shelltime and similar in the tanker trades) amended by rider clauses. The clauses that generate most disputes are the ones tied to performance and time: speed and consumption warranties, laytime and demurrage, off-hire, and now emissions clauses that decide who pays for carbon.

What is a charter party?

A charter party (from the Latin charta partita, a divided document) is the written contract for the hire of a ship, agreed between the owner and the charterer: the party paying to use the vessel. It records everything the fixture agreed: the ship, the trade or voyage, the rate, laytime terms, and the allocation of every cost and risk between the two sides. It is legally binding, heavily litigated, and the reference point for every operational decision on the voyage.

The main charter party forms

Almost no one drafts from scratch. The industry works from standard forms, amended by negotiated rider clauses:

FormUsed forNotes
NYPEDry cargo time chartersThe workhorse time charter form; later revisions updated performance and off-hire wording
GENCONGeneral/dry voyage chartersThe most common dry voyage form; the 2022 revision modernised laytime and liability wording
Shelltime / ShellvoyTanker time / voyage chartersOil-major forms that dominate the wet trades
ASBATANKVOYTanker voyage chartersLong-standing US-origin tanker voyage form
BARECONBareboat chartersBIMCO's standard demise charter form

The clauses that decide disputes

A handful of clauses do most of the commercial work. Speed and consumption warranties state what the ship will do in defined weather; the gap between warranty and reality drives performance claims. Laytime and demurrage clauses run the clock in port (covered in depth in laytime and demurrage explained). Off-hire clauses stop the hire clock when the ship cannot perform. Safe port and cargo clauses allocate physical risk. And the newest family, emissions clauses, allocates carbon cost.

Speed and consumption clauses: where the CP meets operations

The warranty reads simply: about X knots on about Y tonnes per day, in good weather up to a stated sea state. Everything contentious hides in the definitions: what counts as good weather, which periods are excluded, whether currents count, and how the average is calculated. This is why performance monitoring against the CP has become a data discipline: voyage optimisation keeps every recommendation inside the warranted speed bands, and the same data settles whether a claim stands.

Emissions clauses: the newest battleground

BIMCO's ETS clauses pass allowance costs to time charterers who control the ship's trading; equivalent wording is emerging for FuelEU. The commercial effect: carbon now moves through the CP the way bunkers always have, and both sides need voyage-level emissions data they trust. The mechanics are covered in the EU ETS guide.

The bottom line

The charter party is where shipping's risks get priced: time, weather, performance and now carbon. The form sets the skeleton; the rider clauses and the definitions decide who pays when reality diverges from warranty, and data is what proves which side of the definition you are on. Choose the charter type first (time vs voyage vs bareboat), choose the ship on real performance (Charter Select), and monitor the voyage against the CP from day one. Book a demo to see CP-aware voyage data in one platform.

FAQ

In case you missed anything

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What is a charter party in shipping?
The binding contract between a shipowner and a charterer for the use of a ship. It fixes the rate (hire or freight), each party's obligations, laytime terms, and how every cost and risk, from weather delay to carbon, is allocated between the two sides.
What is a charterer?
The party that hires the ship: a trader, cargo owner or operator. Under a time charter the charterer directs the vessel's trading and pays for fuel; under a voyage charter they provide the cargo and pay freight; under bareboat they run the whole ship.
What does a charter party agreement include?
Vessel description, the voyage or period, the rate, payment terms, laytime and demurrage provisions, performance warranties, off-hire events, safe port and cargo obligations, and rider clauses covering everything from war risks to emissions allowances.
What are speed and consumption clauses?
Warranties of what the ship will achieve in defined weather: about X knots on about Y tonnes of fuel per day. Underperformance in warranted conditions grounds a performance claim, which is why both sides increasingly rely on verified voyage data rather than noon-report argument.
Are emissions clauses standard in charter parties now?
Increasingly. BIMCO's ETS clauses, allocating EU allowance costs to time charterers, are widely adopted, and FuelEU wording is following. Carbon is becoming a normal CP cost line alongside bunkers, settled on verified voyage emissions data.

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