Page 41 - Industrial Plants

Events in the Red Sea:

impact on shipping contracts

The growing importance of Risk Allocation and War Risks clauses

Enrico Salvatico, Partner
Studio Legale Mordiglia
Head of the Section for Logistics, Transports and Shipping
ANIMP

“The first question is whether
he serious events affecting the Red Sea
area are there for all to see and are the current situation results in
being widely debated from geopolitical the impossibility (total or partial,
and macroeconomic perspectives. The permanent or temporary) to
purpose of this brief contribution is to perform the contract, or only in the
T examine what impact these events may performance of the contract being
have on maritime transportation contracts and on the more onerous or risky
rights and obligations of the parties.
In this regard, the first question that arises is whether
the current situation results in the impossibility (total or drafted by BIMCO, which are usually included in time
partial, permanent or temporary) to perform the contract charter and voyage charter contracts. The issue that
or only in the performance of the contract being more these clauses intend to tackle arises from the fact that
onerous or risky. The answer to this question can vary while it is mainly the ship and its crew that are exposed
significantly depending on the applicable law. In to war risks, the choices regarding the commercial use
addition, the remedies provided by statutory provisions of the ship, and hence the performance of voyages that
may not correspond to the needs of the parties. The touch or pass through war-risk zones, are made by the
parties’ negotiating autonomy may result in more charterer (at the time when the contract is concluded
flexible solutions through appropriate contractual for voyage chartering, respectively during the execution
arrangements. of the contract for time chartering).
Particularly noteworthy are the War Risk Clauses The definition of “war risks” of the BIMCO Clauses is

IndustrIal Plants - May 2024
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