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The revision of BIMCO’s most widely used voyage charter party – GENCON – is entering its completion phase, as the drafting team will meet during the autumn to process invaluable feedback received by the industry over the summer.
This clause is one from a suite of three clauses developed by the subcommittee for the voyage charter party context. The objective was to provide industry stakeholders with the flexibility to choose a procedure suitable for their specific trade and business. You should consider whether this Emission Scheme Surcharge Clause for Voyage Charter Parties 2023 is the one best suited to your specific circumstances or whether the ETS - Emission Scheme Freight Clause for Voyage Charter Parties 2023 or ETS - Emission Scheme Transfer of Allowances Clause for Voyage Charter Parties 2023 would be more appropriate. As the title suggests, this ETS – Emission Scheme Surcharge Clause for Voyage Charter Parties 2023 deals with all costs arising from the surrender of emission allowances for the voyage by the payment of an Emission Scheme Surcharge to the owners. The basis of the clause is that the voyage charterer will be the one effectively paying the owner for the emission allowances required for the voyage. The owners then remain responsible for surrendering the appropriate number of emission allowances in accordance with the applicable Emission Scheme.
Approved by the Documentary Committee of INTERTANKO.
Arrest clauses in charter parties are frequently one-sided with charterers having the right to terminate the charter party if the ship is not released within two or three days of an arrest. To provide a fairer allocation of risk and responsibility in the event of ship arrest BIMCO has developed two new standard clauses for time and voyage charter parties. Risk allocation is based on the “sphere of responsibilities” approach taken by the Court of Appeal of England and Wales in the "Global Santosh" judgment . Under this approach, a distinction is drawn between issues such as the management of the ship and its crew, which fall within the owners’ sphere of responsibility, and employment for use of the ship which falls within the charterers’ sphere of responsibility. This clause was published on 14 June 2019.
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.
Arrest clauses in charter parties are frequently one-sided with charterers having the right to terminate the charter party if the ship is not released within two or three days of an arrest. To provide a fairer allocation of risk and responsibility in the event of ship arrest BIMCO has developed two new standard clauses for time and voyage charter parties. Risk allocation is based on the “sphere of responsibilities” approach taken by the Court of Appeal of England and Wales in the "Global Santosh" judgment . Under this approach, a distinction is drawn between issues such as the management of the ship and its crew, which fall within the owners’ sphere of responsibility, and employment for use of the ship which falls within the charterers’ sphere of responsibility. This clause was published on 14 June 2019.
Italian energy company Eni, operating in more than 60 countries worldwide and employing more than 30,000 people, will be joining the recently launched BIMCO project to develop a standard charter party for Accommodation Support Vessels (ASVs).
The objective of the Bunker Non-Lien Clause is to provide a pre-emptive mechanism to protect owners by requiring time charterers to inform their counterparty, the seller, at the outset that bunkers ordered are being supplied for their account and that no lien can be placed over the vessel.
A first draft of a new time charter party for Accommodation Support Vessels (ASVs) will be presented to the Documentary Committee for review and feedback in December.
