Contracts & clauses
May 2020
Suspending performance under BARGEHIRE – a useful right for owners?
Under a conventional cargo time charter party, the right to suspend performance for non-payment of hire provides owners with a powerful commercial tool to leverage late hire payments. However, based on industry feedback, applying the same sanction under BARGEHIRE is impractical.
New ASV charter party to include cap on liability
The time charter party for accommodation support vessels (ASVs) currently being developed by BIMCO will include a limitation of the owners’ and charterers’ liability for loss, damage, delay or expense. This is the result of an online meeting of the subcommittee held on 18 May.
BIMCO, Institute of Chartered Shipbrokers and Videotel partner in online education collaboration
BIMCO, Institute of Chartered Shipbrokers and Ocean Technologies Group subsidiary Videotel have partnered to create a high-quality, accessible educational resource to help maritime students across the globe to continue their studies remotely during the coronavirus pandemic.
New BIMCO Law & Arbitration Clause under way
BIMCO has started work to develop a new Law & Arbitration Clause. The new clause will provide a short and “one size fits all” approach to dispute resolution, while adding Hong Kong as the fourth named arbitration venue. The addition of Hong Kong reflects its increased popularity as a centre for dispute resolution and that it is currently ranked among the top maritime arbitration centres in the world.
Calculation of deviation costs debated at TOWCON revision meeting
There are a variety of circumstances where a tug and tow may need to deviate from the intended course or delay the voyage. This poses a number of questions, which were debated at meetings on 21-22 April by the TOWCON/TOWHIRE revision subcommittee.
April 2020
BIMCO floating storage clause for tankers: what to cover
The practice of charterers using oil tankers for floating storage is certainly not a new concept. What’s different with the current demand for storage is the huge number of ships being time chartered for floating storage purposes due to the collapse in oil prices, partly as a result of COVID-19. Therefore, BIMCO is receiving enquiries about “floating storage” clauses and questions about what additional wording owners should consider adding to their time charters.
ASV specific features tackled in new charter party
The subcommittee developing a standard time charter party for accommodation support vessels (ASVs), at an online meeting on 23 April, continued discussions on key areas of the new contract, including offshore bunkering and how to address the concept of immediate tasks in an ASV specific context.
ASVTIME moves closer to completion
At online meetings on 31 March and 1 April, the subcommittee working on the standard time charter party for accommodation support vessels (ASVTIME) reviewed feedback from industry stakeholders and further developed the draft contract.
March 2020
Safety Warranty Prevails: US Supreme Court Rules that Owners can Rely on Absolute Warranty in Frequently Used Safe Berth Clauses
BIMCO, INTERCARGO and INTERTANKO welcome the ruling by the highest court in the United States on 30 March 2020 concluding that the plain meaning of the safe-berth clause in the Athos I dispute includes an unambiguous warranty of safety.
BIMCO answers top 5 questions on contracts and COVID-19
In this short video Grant Hunter talks to BIMCO’s head of Support & Advice, Merete Greisen, about answers they give members to the five most frequently asked questions.
