Toll Payment Obligation in the Strait of Hormuz in Charter Party Contracts: Analysis of Legal Conflict, Civil Liability of the Parties and International Dispute Resolution Forums

Charter Party Strait of Hormuz Choice of Law Civil Liability International Maritime Arbitration

Authors

July 15, 2026
October 24, 2026
October 30, 2026

Downloads

The Strait of Hormuz is a strategic maritime route connecting the Persian Gulf with the Indian Ocean and serves as a transit corridor for much of the global energy trade. Current geopolitical dynamics demonstrate Iran's tendency to use control over the strait as an instrument of pressure on international actors, one form of which can be seen in the discourse on imposing tolls on passing vessels. This situation raises serious legal problems in the context of charter parties as contractual instruments for international maritime transport. This study analyzes two main issues: first, how the choice of law in a charter party regulates civil liability between shipowners and charterers when one party is unilaterally obliged to pay a toll by Iran; second, which forum is authorized and which law applies in resolving civil disputes between shipowners, charterers, and cargo owners due to losses incurred. This study uses a normative juridical method with a statutory and conceptual approach. The results of the analysis show that the governing law and war/piracy risk clauses in the charter party determine the allocation of toll burdens, while the London arbitration forum (LMAA) with English lex arbitri dominates the resolution of similar international maritime disputes.

How to Cite

Kurdi, Ikraam, A., & Dadek, T. A. (2026). Toll Payment Obligation in the Strait of Hormuz in Charter Party Contracts: Analysis of Legal Conflict, Civil Liability of the Parties and International Dispute Resolution Forums. Ekasakti Journal of Law and Justice, 4(2), 329-338. https://doi.org/10.60034/m07a5g97

Similar Articles

1-10 of 72

You may also start an advanced similarity search for this article.