First draft of revised SHIPMAN ready for review by Documentary Committee
Published: 15 March 2023
The drafting team tasked with the revision of BIMCO’s suite of ship management and related third-party management agreements met in London last week to continue discussions on the revision of SHIPMAN, the widely used standard ship management agreement last updated in 2009. The draft is now ready for a first review by BIMCO’s Documentary Committee when it meets in April.
An important part of the drafting work has been to develop an Emission Trading Scheme Allowances (ETSA) Clause for use with SHIPMAN, mindful that such a clause is in high demand and despite the fact that the final EU regulations are not yet available.
“We have drafted a clause intended to apply more broadly than the EU ETS, as is also the case for the already published time charter clause, and which reflects that – at least under the EU ETS regime – it will be the Document of Compliance (DoC) holder who is responsible for compliance,” says Capt. Ajay Hazari of Anglo-Eastern Ship Management, who leads the drafting team revising SHIPMAN.
In a ship management context, the company responsible for compliance with the EU ETS will be the manager or other entity which in its capacity as DoC holder has agreed to assume responsibility in relation to the ISM and ISPS Codes. The ETSA Clause will be included in the revised SHIPMAN and made available also as a freestanding clause for use with SHIPMAN 2009.
Considering other relevant updates to SHIPMAN 2009, the drafting team has developed a number of provisions to form part of the revised form, including clauses dealing with sanctions, anti-corruption, predelivery services and managers’ information system.
In addition to Capt. Hazari, the drafting team consists of the following shipowners and ship managers as well as insurance and legal experts: Steve Davies (Anglo Ship), Torfin Eide (Hansa Tankers), Johan Botes (Oldendorff), Dora Costa and Graham Prayel (V Ships), Sebastian Hardenberg (BSM), Capt. Gaurav Rajora (Fleet Management), Manolis Nicolaou (Columbia Shipmanagement), Tim Howse (GARD), Robert Hodge (ITIC), Tim Davies (West) and Stephen Mackin (Clyde & Co.).
To make available an up-to-date ship management agreement, the draft also includes the Law & Arbitration Clause 2020, Mediation/Alternative Dispute Resolution Clause 2021, Personal Data Protection Clause for SHIPMAN 2009, Electronic Signature Clause 2021, Cyber Security Clause 2019 and MLC Clause for SHIPMAN 2009.
The target date for completion of the SHIPMAN revision is October this year.