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BIMCO has received comments concerning the arrival of a new breed of clauses seeking to shift risks traditionally falling within the charterers’ sphere onto the owners.
Preventing pest container contamination was one of the many items discussed at IMO’s Maritime Safety Committee (MSC 98). Cyber risk management, autonomous ships, security and adoption of amendments to mandatory instruments were also on the agenda.
The last three months have seen a substantial volume of queries in relation to the pros and cons of transiting via the Gulf of Aden versus the Cape. In this episode of 15+15, Alex Kemp and Simon Maxwell , experts in war risks from HFW will briefly discuss the latest in the Red Sea, the level of the threat posed and the factors to be taken into account when deciding when to proceed and when to re-route. The main take-aways from the presentation will be: The decision of whether to re-route requires a nuanced review of the interplay between the contractual matrix and the current threat level (which is informed by a multitude of sources). A pragmatic and commercial approach (focused upon engaging with all parties to the maritime adventure) often provides the greatest chance of reaching the right conclusion, hopefully without the threat of legal-action emerging after. HFW have unparalleled experience in advising clients on recent war risks around the world including Somali Piracy, West African Piracy, the war in Ukraine, the war in Gaza, the attacks around Saudi and the more recent activities of the Houthis in the Red Sea.
Due to the significant limitations of Arctic charting, all mariners in Arctic waters are required to plan any prospective voyages well in advance to understand their environment, and to exercise extreme caution when on the water, in order to minimise the associated high levels of risk. Caution is equally essential when navigating with Electronic Navigational Charts (ENC), as these official digital charts are based on the same limited or insufficient data as the official paper or electronic equivalent charts.
New Zealand Flighty Spongy Moth Complex ( FSMC) formerly known as Asian Gypsy Moth/AGM regulations are issued by the Ministry for Primary Industries (MPI), which include the Craft Risk Management Standard (CRMS) under section 24G of the Biosecurity Act 1993.
The BIMCO Standard General Average Absorption Clause, for use in marine insurance policies, was updated in 2017 to give effect to the revised York-Antwerp Rules 2016. Further modifications have now been made to streamline the basis for determining insurers’ payments. Details are set out below together with advice on adapting the clause where the underlying marine insurance policy covers more than one vessel. The 2018 clause should be used in place of the 2017 provision. The original 2002 version of the Clause, based on the York-Antwerp Rules 1994, should no longer be used.
