BIMCO Arrest Clause for Voyage Charter Parties 2019
(a) “Arrest” means the detention, seizure or restraint of the Vessel by order of a Court or government authority. The Owners shall promptly notify the Charterers of any Arrest and keep them informed of the Vessel's status.
(b) In the event of Arrest that is the result of an act, neglect or default of the Charterers, their sub-charterers, servants or agents, or by any other party connected to the employment of the Vessel under this Charter Party, then the Charterers shall take all reasonable steps to release the Vessel, including and without limitation the provision of security. In the event that the Charterers’ security is not accepted, Owners may provide security against the provision of counter-security by the Charterers. All time actually lost thereby shall count as laytime or, if the Vessel is on demurrage, as time on demurrage.
(c) In the event of any other Arrest, then
(i) the Owners shall take all reasonable steps to release the Vessel, including and without limitation the provision of security;
(ii) time actually lost shall not count as laytime or, if the Vessel is on demurrage, as time on demurrage;
(iii) provided that the Vessel is ready to load, the Charterers shall have the right to delay loading cargo until the Vessel is released, and time actually lost as a result of Charterers’ decision to delay loading shall count as half laytime or, if the Vessel is on demurrage, as half time on demurrage; and
(iv) provided that there is no cargo on board and the Vessel has not been released within 14 days of the Arrest, the Charterers shall have the option to cancel the Charter Party by giving written notice, unless security has been provided.
(d) The responsible party under subclauses (b) or (c) shall indemnify the other party for losses directly arising out of the Arrest that are reasonably foreseeable.
Neither party shall be liable to the other party for any indirect or consequential loss or damage suffered by the other party in connection with the Arrest.