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The Documentary Committee, under the chairmanship of Mr Francis Sarre, met in Copenhagen on 17 November in Copenhagen for its regular autumn meeting. Following two years’ intensive work involving owners, lawyers and financial institutions, a new Standard Term Sheet for Bilateral Financing was adopted.
Commercial disputes and court and arbitration proceedings that follow can be very time-consuming and costly – and can risk damaging an otherwise fruitful business relationship between the parties. This article, based on interviews with shipping experts, explains what alternative dispute resolution (ADR) is and why you should always plan for it in contract negotiations.
BIMCO has decided to start labelling all versions of its standard clauses with the year of publication, including the original edition, with the aim to reduce disputes over which version parties have agreed to.
For the benefit of its members, BIMCO has made a series of agreements with 15 national customs authorities (Belgium, Canada, Cyprus, Denmark, Finland, France, Germany, Greece, Ireland, Italy, the Netherlands, Norway, Sweden, the United Kingdom and the United States)- Customs Co-operation Agreements (CCAs)- as a means of mitigating delays and costs resulting from the discovery of drugs aboard a member vessel.
The outbreak from time to time of virulent diseases can have significant implications for ship owners and operators. This might include quarantine of a vessel and crew in an area where the disease is prevalent as well as the imposition of restrictions, possibly weeks or months later, in ports remote from the infected region as a precaution against the disease spreading further. The Novel Corona virus is the latest outbreak of a series of contagious disease that may impact shipping operations. In 2015 it was the Ebola virus and 10 years before that the Severe Acute Respiratory Syndrome (SARS) that caused similar concern. It is likely that equally serious strains of existing, or newly identified, diseases will occur from time to time. For this reason BIMCO has chosen to develop a set of comprehensive and clearly worded generic clauses for voyage and time charter parties that can be applied not only to the Novel Corona virus outbreak but to other similar virulent diseases that may occur in the future.
The outbreak from time to time of virulent diseases can have significant implications for ship owners and operators. This might include quarantine of a vessel and crew in an area where the disease is prevalent as well as the imposition of restrictions, possibly weeks or months later, in ports remote from the infected region as a precaution against the disease spreading further. The Novel Corona virus is the latest outbreak of a series of contagious disease that may impact shipping operations. In 2015 it was the Ebola virus and 10 years before that the Severe Acute Respiratory Syndrome (SARS) that caused similar concern. It is likely that equally serious strains of existing, or newly identified, diseases will occur from time to time. For this reason BIMCO has chosen to develop a set of comprehensive and clearly worded generic clauses for voyage and time charter parties that can be applied not only to the Novel Corona virus outbreak but to other similar virulent diseases that may occur in the future.
Infectious or contagious diseases on a pandemic or epidemic scale are likely to continue to confront and challenge the maritime sector. To provide the industry with a contractual solution that addresses the practical and commercial realities, BIMCO has published this 2022 version to replace the previous (2015) clause.
In view of the significant time and costs associated with court and arbitration proceedings, BIMCO has developed a standard clause for inclusion in charter parties and other contracts which makes it possible for the parties to solve disputes via alternative dispute resolution (ADR) and in particular mediation, early neutral evaluation and early intervention.
