Expect the unexpected: BIMCO model force majeure

On 16th May, 2023 the European Parliament approved amendments to the EU Emissions Trading Directive, bringing shipping within the scope of the EU Emissions Trading Scheme (“EU ETS”). As a result, from 1st January, 2024, ships of 5000GT and above which transport cargo or passengers for commercial purposes will be subject to the EU ETS. This publication considers how the EU ETS works, the implications for owners and charterers and how parties can allocate the costs and responsibilities for complying with an ETS in their charterparties. Podcast by Francesco Tundo, Senior Claims Director

Taking on the role of an owner and a charterer in a hypothetical fixture discussion, Alexandra Couvadelli and Alex McCue discuss the implications of incorporating the BIMCO EEXI clause into the charterparty.

Recognising the rise in extreme events in recent years, BIMCO has issued a model clause with the aim of addressing unexpected or ‘force majeure’ events that affect the performance of the parties under a contract. Podcast by Rebecca Maddison.

Shipbuilding projects are a significant investment and it is essential that contractual terms avoid uncertainty and ambiguity. Changes in the market, technological developments and an evolving regulatory environment all have the potential to trigger issues in relation to newbuilding projects and the associated contracts. In this publication, the Club takes a look at some of the issues that potential buyers should be aware of, as well as the legal pitfalls to be avoided when entering into newbuilding contracts. Podcast by Jim Binner.

On 14th July, 2021, the European Commission adopted a series of legislative proposals aimed at reducing greenhouse gas emissions, known as the “Fit for 55” package. The package marks a key step towards the EU’s aim to reduce greenhouse gas emissions by at least 55% by 2030 as compared to 1990 levels, and then to carbon neutrality by 2050.  The proposals include, most notably for the maritime industry, measures to promote the use of alternative fuels and key amendments to the EU’s Emission Trading Scheme (“EU ETS”). Podcast by Philippa Langton.

Although charterparty disputes may be less common in the LNG trade than in other trades, when they do arise, they can be complicated and costly. In this publication, we take a look at three of the main areas where we have seen a trend for claims (underperformance, breakdowns and terminal compatibility) and offer guidance to Members in terms of preventing and handling such disputes. Podcast by Philippa Langton and Laura Starr.

Changes to the rules governing the preparation of witness statements in English and Welsh civil court proceedings are now in place. The new rules, which are underpinned by principles of transparency and honesty, are likely to be of relevance from the very outset of any dispute. We therefore set out below the key points which may impact Members. Podcast by Chloe Townley.

Among the many serious knock-on effects of the Covid-19 pandemic, the impact on crew has been a topic of particular concern within the shipping industry. Many ports have imposed restrictions or prohibitions on crew changes, leading to delays whilst joining crew are quarantined, or a need to deviate ships from their intended port rotation in order to effect essential crew changes. Aside from the clear humanitarian issues posed by this crisis, parties also need to consider the contractual impacts that may arise. Podcast by Oliver Goosens.

The EU has introduced new restrictive measures against Belarus in response to the repression of demonstrators disputing the re-election of Lukashenko and the forced diversion and landing in Minsk of a Ryanair flight carrying the journalist, Roman Protasevich, in May, 2021. This update follows our previous post on Belarus, in April, when OFAC announced sanctions on certain Belarusian entities, especially involving the oil industry. OFAC issued three new general licences, in order to supplement the existing authorisations for COVID-19-related transactions and activities involving Syria, Venezuela and Iran. Podcast by Efcharis Rocanas.

The 76th session of the IMO’s Marine Environment Protection Committee (MEPC 76) convened remotely from 10th to 17th June, 2021.  The Committee, which addresses environmental issues under IMO's remit, discussed and implemented a number of key measures in furtherance of the IMO’s environmental goals.  Here, we take a quick look at some of the highlights and their impact on Members. Podcast by Philippa Langton.