Looking back at BIMCO’s Contracts & Clauses work in 2023
18 December 2023An extremely productive 2023 and a big agenda in place for 2024 By Nick Fell, Chairperson of the Documentary Committee
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An extremely productive 2023 and a big agenda in place for 2024 By Nick Fell, Chairperson of the Documentary Committee
BIMCO has over recent weeks published a lot of information about COVID-19 and which measures different countries have implemented in an effort to curtail the spread of the virus. An overview can be found on BIMCO’s website.
Tony is a partner at Adams&Moore Solicitors LLP, London. For more than 20 years, Tony Concagh has been a premier legal advisor to the offshore energy industry and has represented many of its best-known companies. He has been described by his clients in legal directories as “tough and commercial”, “through and capable” and “a true offshore specialist”. He regularly advises on problems and disputes relating to specialist vessels including OSVs, SSVs, DSVs CTVs, HLVs, and drilling units. As a result, he has unmatched experience with the BIMCO suit of offshore forms. He represented the successful owners in the first reported case on SUPPLYTIME 2017, Atlantic Marine and Aviation LLP vs Boskalis Offshore. This established the basis on which an owner has the immediate right to payment of an undisputed invoice without set off. The decision has implications for payment terms in all forms of contracts on English law. In recent years he has been instrumental in the development of handling disputes in the offshore renewables industry. He and his team advised on schedule delays and cost increases on a £2.3 billion wind farm project. In 2017 he launched a successful judicial review in the English High Court on behalf of an EPIC contractor against the UK government’s work permitting policy for non-EEA specialist crew constructing wind farms in UK waters. Since then he has been closely involved in the advising his clients on the work permit requirements for UK territorial waters. He has been invited to speak by BIMCO at workshops and presentations worldwide since 2008.
The BIMCO Documentary Committee (DC) will be meeting on 11 October. The agenda includes six projects up for adoption: CII Clause for Voyage Charter Parties, Ship Sales Further Trading Clause, ETS Allowances (ETS) Clause for SHIPMAN, Quiet Enjoyment Letters, SYNACOMEX and WRECKSTAGE.
BIMCO’s Documentary Committee adopted two new contracts and two clauses at its meeting on 29 November. The two clauses will be published immediately. The contracts will be published in early January.