War Cancellation Clause 2004
Overview
BIMCO War Cancellation Clause 2004
Either party may cancel this Charter Party on the outbreak of war (whether there be a declaration of war or not)
(a) between any two or more of the following countries: the United States of America; Russia; the United Kingdom; France; and the People’s Republic of China, or,
(b) between……………………………………………………………………………………
Explanatory notes
The War Cancellation Clause provides the parties with the option of cancelling the charter party when war breaks out between either of the large countries stated in Clause (a) or other countries selected by the parties and stated in Clause (b).
In order to ensure that the clause would not be interpreted in such a way that it would only come in to play whenever a war had been declared, the Clause now explicitly state that a formal declaration of war is not required in order to cancel the charter party. Furthermore, the reference to hostility was deleted, as hostility is not a well-defined term in the context of this Clause. The War Cancellation Clause is now in line with the War Cancellation Clause found in BARECON 2001.
Originally published in BIMCO Special Circular No. 5, 3 December 2004 - BIMCO War Risks Clauses 1993 Revised
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