Bunker Fuel Sulphur Content Clause for Time Charter Parties 2005
23 June 2022Latest version of this clause is the 2020 Marine Fuel Sulphur Content Clause for Time Charter Parties .
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Latest version of this clause is the 2020 Marine Fuel Sulphur Content Clause for Time Charter Parties .
The latest edition of this clause is the BIMCO Hull Fouling Clause for Time Charter Parties 2019
Voyage Charters Masterclass Online is a series of 10 online sessions delivered over 5 days. Each day will run for 2x75 minutes with a short break in between. This course highlights key VC issues, presents ways for parties to allocate risks and gives an overview of the relevant legal principles.
BIMCO has produced two clauses for time charter parties to address key contractual issues relating to the switch to fuel with a maximum sulphur content of 0.50% as of 1 January 2020. The two clauses are the 2020 Marine Fuel Sulphur Content Clause, which replaces the BIMCO Fuel Sulphur Content Clause 2005, and the 2020 Fuel Transition Clause, which deals with switching between fuel with a maximum sulphur content of 3.50% and fuel with a maximum sulphur content of 0.50% by 1 January 2020. Both clauses should be incorporated into time charter parties. This clause was published on 10 December 2018.
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.
This clause addresses compliance with the Energy Efficiency Existing Ship Index (EEXI) and allocates responsibility and costs for implementing EPL and SHAPOLI modifications under a time charter party.