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Shipowners encouraged to take part in ship generated waste survey

03 August 2020

The EU is carrying out an online survey which is relevant to all shipowners irrespective if they operate ships on EU-flag or not. The outcome of the survey will be used to establish criteria for determining that a ship produces reduced quantities of waste and manages its waste in a sustainable and environmentally sound manner. The outcome could result in reduced fees for delivering waste to a port reception facility, and BIMCO encourages all shipowners to take part in the survey.

Ship arrest clauses focus on “sphere of responsibility”

14 June 2019

BIMCO has published two clauses that take a balanced approach to termination risk following ship arrest, in response to cases seen in recent years when some dry cargo charterers have tightened procedures to arrest under a charter party.

SHIPLEASE

24 September 2020

SHIPLEASE is a standardised term sheet intended for use in ship sale and leaseback transactions. The term sheet has been principally developed for sale and leaseback transactions involving second-hand ships, but it can be readily adapted to fit structures involving newbuildings or vessels that are undergoing major refit. It is suitable for use for both operating and finance leases, although it may need to be adjusted as appropriate. The latest edition of this contract is SHIPLEASE, issued in 2020.

Arrest clauses

03 October 2016

BIMCO has received comments concerning the arrival of a new breed of clauses seeking to shift risks traditionally falling within the charterers’ sphere onto the owners.

Mexico alert – smuggling of illegal narcotics – risk of ship detention and crew arrest

12 May 2020

The International Group of P&I Clubs, International Chamber of Shipping (ICS), BIMCO and InterManager (the “international industry organisations”) draw Members’ attention to the series of recent ship detentions and crew arrests in Mexico and, in the case of the UBC Savannah, the lengthy and continuing detention in custody of the ship’s Master without any formal charges against him, following the discovery of illegal narcotics on board.

Arrest Clause for Time Charter Parties 2019

06 February 2020

Arrest clauses in charter parties are frequently one-sided with charterers having the right to terminate the charter party if the ship is not released within two or three days of an arrest. To provide a fairer allocation of risk and responsibility in the event of ship arrest BIMCO has developed two new standard clauses for time and voyage charter parties. Risk allocation is based on the “sphere of responsibilities” approach taken by the Court of Appeal of England and Wales in the "Global Santosh" judgment . Under this approach, a distinction is drawn between issues such as the management of the ship and its crew, which fall within the owners’ sphere of responsibility, and employment for use of the ship which falls within the charterers’ sphere of responsibility. This clause was published on 14 June 2019.

Arrest Clause for Voyage Charter Parties 2019

06 February 2020

Arrest clauses in charter parties are frequently one-sided with charterers having the right to terminate the charter party if the ship is not released within two or three days of an arrest. To provide a fairer allocation of risk and responsibility in the event of ship arrest BIMCO has developed two new standard clauses for time and voyage charter parties. Risk allocation is based on the “sphere of responsibilities” approach taken by the Court of Appeal of England and Wales in the "Global Santosh" judgment . Under this approach, a distinction is drawn between issues such as the management of the ship and its crew, which fall within the owners’ sphere of responsibility, and employment for use of the ship which falls within the charterers’ sphere of responsibility. This clause was published on 14 June 2019.

Autonomous ships

05 May 2020

In recent years, the prospect of autonomous ships has become a hot topic for commercial shipping. The same fast-paced advances in technology that have led to projects to automate vehicles in every other sector of the transportation industry have also found their way to the shipping industry. Advances in camera technology, sensors, electromechanical actuators, and satellite technology appear to promise a world in which ships will traverse the oceans without a human on board.