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The latest edition of this clause is the Piracy Clause for Consecutive Voyage Charter Parties and COAs 2013 .
The clause comprehensively sets out a complete code to address force majeure with a detailed and up to date definition of force majeure events. The rationale is that when a force majeure event occurs, the parties will find themselves in a crisis situation and will benefit from a contractual regime addressing the situation and which avoids uncertainty that might lead to disputes.
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 of COVID-19 and its impact on business and society is unprecedented. We are learning day by day how we must adapt to these new circumstances. Ports around the world are handling the situation in different ways and it is difficult to provide a one-size-fits-all contractual solution. What one port in one country of the world is doing, restricting or prohibiting, is not necessarily the same as a port in a neighbouring country does. BIMCO urges the industry to be pragmatic and work together to find solutions. Not every answer will be found in the contract and parties should do their best to communicate openly about the issues they face and identify compromise solutions to find a way through these difficult times. This Q&A is a list of commonly asked questions together with our answers.
