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With an increasing focus on force majeure due to the COVID-19 outbreak, BIMCO has gathered a drafting team to develop a free-standing force majeure clause for use in a variety of contracts.
Russia appears to have launched a full-scale invasion of Ukraine and maritime security will likely be affected.
The sanctions landscape has grown increasingly complex since BIMCO published its Sanctions Clause for Time Charter Parties in 2010. International sanctions regimes are constantly changing with new restrictions being added and new persons and entities being listed. A violation of sanctions restrictions can have severe consequences and in the worst cases can lead to parties being listed as sanctioned parties. Therefore, carefully worded sanctions clauses in charter parties and other contracts are vital for internationally trading companies to help them manage and mitigate their sanctions risk and to enable them to continue to do business while remaining compliant with the various sanctions regimes. This clause is intended for use in all trades except for container trades. A separate sanctions clause for the container trades is under development. This clause was published on 19 December 2019. It replaces the Sanctions Clause for Time Charter Parties 2010 and the Designated Entities Clause for Charter Parties 2013 (which have been combined to make a new single clause for ease of incorporation).
The NATO Shipping Centre maintains a 24/7/365 oversight of security developments in the Euro-Atlantic area, the Mediterranean Sea, and the Black Sea. Shipowners are reminded of the Voluntary Reporting Scheme for the Mediterranean Sea.
The sanctions landscape has grown increasingly complex. International sanctions regimes are constantly changing with new restrictions being added and new persons and entities being listed. A violation of sanctions restrictions can have severe consequences and in the worst cases can lead to parties being listed as sanctioned parties. Therefore, carefully worded sanctions clauses in contracts of affreightment are vital for internationally trading companies to help them manage and mitigate their sanctions risk and to enable them to continue to do business while remaining compliant with the various sanctions regimes.
The sanctions landscape has grown increasingly complex since BIMCO published its Sanctions Clause for Time Charter Parties in 2010 and the Designated Entities Clause for Charter Parties in 2013. International sanctions regimes are constantly changing with new restrictions being added and new persons and entities being listed. A violation of sanctions restrictions can have severe consequences and in the worst cases can lead to parties being listed as sanctioned parties. Therefore, carefully worded sanctions clauses in charter parties and other contracts are vital for internationally trading companies to help them manage and mitigate their sanctions risk and to enable them to continue to do business while remaining compliant with the various sanctions regimes. The absence of a standard BIMCO sanctions clause for voyage charter parties has resulted in owners and charterers amending the BIMCO Sanctions Clause for Time Charter Parties or drafting bespoke clauses. BIMCO has therefore developed this sanctions clause for use in voyage charter parties so that there is an industry standard clause. It is intended to provide a balanced allocation of the risks posed by sanctions as between owners and charterers. This clause is intended for use in all trades except for container trades. A separate sanctions clause for the container trades is under development. This clause was published on 19 December 2019. It is a sanctions clause that also covers issues related to designated entities previously found in BIMCO’s Designated Entities Clause for Charter Parties 2013. This new sanctions clause should be used instead of the old Designated Entities Clause.
The seminar will provide an overview of the commercial and legal principles of Force Majeure and Frustration in connection with voyage and time chartering. The seminar will cover the definition and scope of Force Majeure and Frustration. This will include an overview of the legal definitions of Force Majeure and Frustration, their scope in relation to charterparties and the connection with the underlying commodity sales contract. We will discuss common examples of Force Majeure and Frustration that may arise in connection with chartering, such as natural disasters, war, strikes, etc. We will discuss how parties can protect themselves from the effects of Force Majeure and Frustration through contractual provisions such as force majeure clauses, frustration clauses, etc. The trainers will provide practical advice on how to deal with Force Majeure and Frustration events, including strategies for minimising losses or damages caused by these events. This will be linked with case studies and examples to illustrate how courts have interpreted the legal principles of Force Majeure and Frustration in connection with chartering and how this can be used to prevent disputes in advance of a potential Force Majeure event.
The seminar will provide an overview of the commercial and legal principles of Force Majeure and Frustration in connection with voyage and time chartering. The seminar will cover the definition and scope of Force Majeure and Frustration. This will include an overview of the legal definitions of Force Majeure and Frustration, their scope in relation to charterparties and the connection with the underlying commodity sales contract. We will discuss common examples of Force Majeure and Frustration that may arise in connection with chartering, such as natural disasters, war, strikes, etc. We will discuss how parties can protect themselves from the effects of Force Majeure and Frustration through contractual provisions such as force majeure clauses, frustration clauses, etc. The trainers will provide practical advice on how to deal with Force Majeure and Frustration events, including strategies for minimising losses or damages caused by these events. This will be linked with case studies and examples to illustrate how courts have interpreted the legal principles of Force Majeure and Frustration in connection with chartering and how this can be used to prevent disputes in advance of a potential Force Majeure event.
The spread of the COVID-19 virus has led to shipyards claiming ‘force majeure’. This article looks at key issues shipowners should be aware of when it comes to shipbuilding contracts and force majeure.
This clause addresses force majeure events occurring under contracts used by the shipping industry that affects the performance of the parties. It is a model clause that should be carefully reviewed by the parties and adapted as required to fit the context of the type of contract it is used in.
