09 June 2016
10 June 2016
26 October 2016
07 June 2016
Political and civil unrest, wars and other conflicts are regularly raising concerns with regard to the safety of navigation and the safety and welfare of seafarers visiting ports belonging to countries involved in such conflicts.
29 March 2019
Shipowners have a role to play, and responsibility to take, in the transitional period before the Hong Kong Convention enters into force. In this context BIMCO recommends to its members to use facilities that live up to requirements of the Hong Kong Convention already before its entry into force.
23 May 2019
These Q&As have been produced jointly by INTERTANKO and BIMCO with the assistance of the North of England P&I Club. They focus on the potential contractual issues that parties should be aware of when chartering scrubber-fitted ships. The objective is to highlight and address the relevant clauses and concepts charterers and owners should take into consideration during their negotiations.
Much has been written about the introduction of the ‘Global Sulphur Cap’ of 0.50% m/m (mass for mass) for fuel oil under MARPOL Annex VI which comes into force on 1 January 2020; also the 0.10% m/m sulphur limit within emission control areas. Many owners have also already chosen their route to MARPOL Annex VI Regulations 14.1, 14.3 and 18 compliance which can be achieved in one of two ways:
By using fuel oil with a sulphur content that does not exceed 0.50% m/m, or 0.10% m/m while the ship is operating (‘low sulphur fuel oil’).
By using ‘equivalents’ which are alternative methods that are at least as effective in terms of emission reductions as using low sulphur fuel oil. ‘Equivalents’ includes the installation of exhaust gas cleaning systems, or ‘scrubber(s)’. See MARPOL Annex VI Regulation 4 and the 2015 Guidelines for exhaust gas cleaning systems, adopted by resolution MEPC.259(68) (currently under review). Fuel oil cleaned by scrubbers will have a sulphur content above 0.50% m/m (‘high sulphur fuel oil’).
Both BIMCO and INTERTANKO are neutral as to which option should be chosen. It is up to each individual owner to decide which option is best for their ship’s operation after conducting a proper assessment of the pros and cons of each option including safety and operational issues, price differentials between low and high sulphur fuel oil, fuel availability, capital investment, payback time, trading patterns and charter rates. International, regional and national regulatory requirements may also play a part in this decision.
However, both Associations have been faced with a series of questions from Members who have fitted or are contemplating fitting scrubbers concerning how the use of a scrubber may impact on their contractual arrangements. These questions on both time and voyage chartering issues form the basis of the Q&A section below. They do not address questions relating to the technical and operational impact of installing a scrubber. Such information is available from numerous online sources.
Both Associations have decided, for the time being at least, not to develop a “standard” scrubber clause for time or voyage charter parties. The decision to install and operate a scrubber is seen primarily as a matter of commercial negotiation between owners and charterers relating to the division of costs and benefits. The need for a clause will, however, be kept under regular review.
We suggest that you consider the recommendations in this document to assess the need for a bespoke scrubber clause and/or any amendments to existing charter party terms. You may need to seek independent legal advice on a case-by-case basis to suit your particular chartering arrangements and trading patterns.
This document will be updated to include any new Q&As which will affect the contractual issues for scrubber-fitted ships.
BIMCO and INTERTANKO - 23rd May 2019
22 January 2018
Following his graduation from Copenhagen University and the Institute of Maritime Law, Søren Larsen joined BIMCO in August 1985.
He was appointed Head of Department for Documentary and Legal Affairs in 1993 and became Deputy Secretary General, with primary responsibility for BIMCO’s documentary affairs, in 1999.
From 2005 to 2009, Søren Larsen assumed particular overview of the Documentary, Security & International Affairs, and Services Departments at BIMCO and is currently primarily responsible for BIMCO’s Contracts & Clauses and Support & Advice departments. In addition, he represents BIMCO’s and shipowners’ interests in various international fora, such as the IMO, UNCITRAL, ICC and CMI and works closely with the Secretary General in the management of the BIMCO Secretariat.
He has represented BIMCO at meetings with various government bodies in the United States.
26 August 2019
Christopher specialises in all aspects of marine litigation and arbitration, commercial litigation and international trade disputes. He is renowned throughout South East Asia for his admiralty capability and his practice covers all aspects of shipping disputes to include collisions, salvage, charterparty disputes, bills of lading, cargo claims, tug and tow disputes, stevedore damage claims, personal injuries/fatal accident claims, insurance coverage issues and P&I insurance matters generally.
Christopher is recommended as a key member of the Shipping team in the Asia-Pacific 2019 editions of Chambers and Legal 500. In particular, Chambers 2018 mentioned that clients appreciate his "prompt attendance to matters and situations," noting that "his efficiency in providing advice or strategies is effective in shedding light on the next step."
Christopher is qualified in England and Wales and Hong Kong.
23 June 2017
Maite Bolivar Klarup is BIMCO’s General Manager in Singapore. Maite joined BIMCO in 2016 and her main role is to provide information and advice to members on a variety of key issues- from piracy to bunker quality and navigational safety. Maite is also responsible for establishing and maintaining relationships with all relevant maritime governmental and inter-governmental authorities in the region and to create awareness of all of BIMCO’s activities and benefits for potential members. She has more than 17 years of international maritime experience from Southeast Asia, Europe, North and Latin America. She holds an Executive Master of International Business Administration in Shipping and Logistics from Copenhagen Business School.
24 October 2018
Nick is Partner at Stephenson Harwood. Nick specialises in disputes arising from casualties and has extensive experience of handling the “front end” investigation, both from the office and on site. In particular, Nick handles claims following collisions, explosions and fires, groundings, salvage and general average, coverage advice and charterparty disputes.