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BIMCO documents currently contain general average clauses that refer either to the York-Antwerp Rules (YAR) 1994 or, to a lesser extent, the YAR 1974. BIMCO’s recommendation in respect of new and revised charter parties, bills of lading and waybills has so far been that general average should be adjusted in accordance with the YAR 1994. A new set of YAR 2016 was adopted by the Assembly of the Comité Maritime International (CMI) at its 42nd International Conference held from 3rd to 6th May 2016 in New York. As the YAR 2016 are considered to represent a set of Rules that BIMCO could refer to in its standard documents, BIMCO’s Documentary Committee decided, at its meeting on 10th May 2016, that all new and revised BIMCO charter parties, bills of lading and waybills will now refer to general average being adjusted in accordance with the York-Antwerp Rules 2016. References to earlier versions of the YAR in existing BIMCO documents will gradually be replaced by a reference to the YAR 2016 in the online versions of these documents.
Long distance ocean towage presents numerous challenges to tugowners, not least of which is the impact of adverse weather on the performance of the tug and tow.
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.
BIMCO is working together with the International Spill Control Organization (ISCO) to develop spill response contracts for use when an incident has occurred and a fast response is needed.
This is the latest in a series of reports supplied by the Chamber of Shipping of America (CSA) with the intention of keeping BIMCO members appraised of legislative developments in the US affecting international shipping. BIMCO highlights only the relevant developments that would impact members. The full CSA April report is also provided.