Lloyd's Maritime and Commercial Law Quarterly
LEGAL PROBLEMS ASSOCIATED WITH SHIPBUILDING CONTRACTS
Dr. Samir Mankabady
LL.M., Ph.D., Reader in Shipping Law, Liverpool Polytechnic.
INTRODUCTION
An owner contemplating to build a ship, herein called the contracting shipowner, is free, except when law restricts his freedom, to have his ship built in any shipyard of his choice. Most owners nowadays do not follow the old practice of coming back to the same shipyard because of the fierce competition facing the shipbuilding industry. Many yards with empty order-books are prepared to accept unfavourable conditions just to stay in business and to fill their berths. The depressed shipping market, inflation and recession in world trade severely affected many shipyards.
The main pressure on the shipbuilding industry is coming from Japan.1 In 1976 Japan’s share of orders was 46.8%, compared with Western Europe’s 37.6% and that for the rest of the world 15.6%. In 1977 the order-book position showed Japan with 56.3 % of the market share, Western Europe with 21 % and the rest of the world with 22.7%.
In order to solve the financial problems facing the shipbuilding industry, many Governments provide [a kind of] support to the industry in one form or another. Most Governments allow an exemption from indirect taxes and import duties and all—except Japan—give exemption from, or rebate of, Customs duty paid on imported materials used in constructing ocean-going vessels. Direct subsidies on the price of vessels are provided in the United Kingdom, the United States,2 Sweden, Holland, Belgium, Italy, France, Norway and West Germany.
The Organisation for Economic Co-operation and Development (OECD) attempted to harmonise the policy of its Member States in this area. It approved measures providing that up to 70 % of the purchase price can be obtained through a loan which can be repaid over a period of seven years from delivery of the vessel. These measures also fix the interest rate on loans of 7½%. Unfortunately, the OECD measures have proved to be unworkable and in fact they tend to increase the subsidies.
Recently the European Commission tried to avoid any increase in the subsidies by recommending that new orders should be shared equally between Japan and Western Europe. This recommendation, however, was not accepted by the Japanese.
Financial facilities in the United Kingdom: The difficult period facing the shipbuilding industry is reflected in the relationship between the contracting owners and the yards. The subsidies also play their role. For many years, shipyards in the U.K. received subsidies to narrow the gap between their prices and those of the competitors. From July 1, 1977, the greater part of the industry became State-owned.3
1 The Japanese Ministry of Transport decided that only certain approved large shipbuilding companies would be allowed to build very large vessels. In consequence, a shipbuilding contract could not be implemented unless a licence was obtained from the Ministry of Transport. See The Diana Prosperity
[1976] 2 Lloyd’s Rep. 60, at p. 64.
2 The subsidies in the United States could reach up to 43 %.
3 A new association called the Shiprepairers & Shipbuilders Independent Association has been formed to look after the interests of those companies which are not members of the nationalised corporation.
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