Since 2010, there have been questions as to whether the wording was sufficient to cover all forms of sub-contractors and managers. Mrs Adler was a passenger on the P&O liner “Himalaya” who was seriously injured when the gangway she was walking down collapsed, throwing her to the dockside below. The Rio Taku case once more underlines the importance to explicitly include the right of sub-carriers to enforce an arbitration clause in the Bill of Lading. The Servant shall also be entitled to enforce the foregoing covenant against the Merchant; and. Significantly, the Court decided that it was possible for P&O to incorporate a clause excluding its employees from liability into its ticket conditions - however, it had not done so. Wholly exempt a contractual carrier’s or other contracting party’s servants, agents or subcontractor’s from liability under a contract (subject always to any relevant court construing the Clause in such a way as to grant that total exemption) and / or to confer on such servants, agents and subcontractors all the rights, limits, defences and exemptions from liability enjoyed by the contractual carrier under that contract. The BIMCO Cyber Security Clause 2019 is suitable for inclusion in a wide range of maritime contracts. Mrs Adler was a passenger on the P&O liner “Himalaya” who was seriously injured when the gangway she was walking down collapsed, throwing her to the dockside below. Find specific taxes, tariffs and charges for a port, state or county. For general guidance and information on cargo-related queries. The International Group of P&I Clubs (IG) and BIMCO have completed a review of the Himalaya clause for use in bills of lading and other contracts and as a result have drafted a revised Himalaya clause (the Clause). The Summer Shipping School is designed to provide a thorough overview of skills used in chartering and operations through case studies and first-class teaching.... Piracy, armed robbery and other violent criminal acts at sea, Dangers associated with solid bulk cargoes, BACK TO: International Group of P&I Clubs Financial Security In Respect Of Pollution Clause, NEXT: International Group of P&I Clubs Oil Pollution Indemnity Clause for penalties and fines, COVID-19 Advice on charter parties and other contracts, Make sure your contract is genuine with new Authenticity Clause, Optimisation and GHG reduction are key in new BIMCO Just in Time Arrival Clause, BIMCO points to Nick Fell as next Documentary Committee chair, BIMCO adds Hong Kong to new shortened arbitration clause, New gas tanker form paves the way for revision of ASBATANKVOY, International Group of P&I Clubs/BIMCO Himalaya Clause for bills of lading and other contracts 2014. Therefore, BIMCO has formed a small group of experts to help draft a new Just In Time Clause which will focus on these contractual issues. The Clause is primarily intended for use in bills of lading, although with care it can be adapted for use in charter parties and other marine contracts. Ensure that the Clause operates as effectively as possible for the protection of its intended beneficiaries, by providing that the contractual carrier or other contracting party acts as an agent or trustee for its servants, agents or subcontractors in relation to the contract, and that such servants, agents or subcontractors are deemed to be a party to such contract. Ensure that the Clause operates as effectively as possible for the protection of its intended beneficiaries, by providing that the contractual carrier or other contracting party acts as an agent or trustee for its servants, agents or subcontractors in relation to the contract, and that such servants, agents or subcontractors are deemed to be a party to such contract. Himalaya clauses are by nature rather complex and it is impossible to produce a clause that operates successfully on every occasion and in every jurisdiction. The new edition was approved for publication at the recent meeting of BIMCO’s Documentary Committee and is available to download from our website. BIMCO Contracts; BIMCO Clauses; Chartering help and advice; Create a contract; Managing payment risk. Taxes, tariffs & charges Find specific taxes, tariffs and charges for a port, state or county This is a clause published by the International Group of P&I Clubs which has been endorsed by BIMCO. Owner-, broker- and agency members can access information about non-payment issues, fake invoices and fraudulent behaviour reported to BIMCO. In 2010, BIMCO reviewed the standard Himalaya clause for use in bills of lading and other contracts, and published a recommended revised wording. The aim of BIMCO and the IG has been to produce a clause which should be recognised and given effect to in most of the major jurisdictions, including the US and UK. As adopted at the General Meeting in Athens, May 2019. Recent amendments to standard form clauses and case law from 2014 show that careful drafting is key. This has largely impaired the efficiency of the clauses. Himalaya clause is a clause in a bill of lading or transportation contract purporting to extend liability limitations which benefit the carrier, to others who act as agents for the carrier such as stevedores or longshoremen. Members are of course free to contact their Clubs for assistance in this regard. Where necessary, the IG / BIMCO recommend that any amendments to the Clause are made subject to obtaining appropriate legal advice. 6, 17 September 2010 - Revised Himalaya Clause for Bills of Lading and other Contracts. the Himalaya Clause for use in bills of lading and other contracts undertaken by the International Group of P & I clubs (IG) and BIMCO and of the revised IG/BIMCO Himalaya Clause wording recommended for adoption following that review. Parties using the Clause must take care to ensure that it achieves its purpose when incorporated into different types of contract. A consequence of the “Himalaya” case is that clauses in contracts of carriage (whether for passengers or cargo) developed to ensure, as far as possible, that liability attached only to the carrier – failing which, the carrier‟s servants, agents and subcontractors had the benefit of any limits, exemptions and defences enjoyed by the carrier. The 2010 circular can be viewed here: Canadian Maritime Law Association Seminar . View all. To this end, advice was obtained from leading UK and US counsel during the drafting process. ASBAGASVOY has amended the ASBATANKVOY form by replacing the specific oil tanker clauses with clauses regulating the specific characteristics of the gas tanker trade. The aim of BIMCO and the IG has been to produce a clause which should be recognised and given effect to in most of the major jurisdictions, including the US and UK. Members are of course free to contact their Clubs for assistance in this regard. The changes to the signature box reflect the requirements of UCP 600 (the International Chamber of Commerce’s Uniform Customs and Practice for Documentary Credits). This is a clause published by the International Group of P&I Clubs which has been endorsed by BIMCO. April 15, 2011 . ... BIMCO's Holiday Calendar covers general holidays in over 150 countries, plus local holidays and working hours in more than 680 ports around the world. This benefit, in a contract of carriage such as a bill of lading, is to exempt, as far as possible, the servants, agents and independent contractors employed by the contractual carrier (the carrier) from liability to other parties to the contract, such as the shipper, consignee or holder of a bill of lading or extend the same protection from liability enjoyed by the carrier. This circular provides information on a review undertaken by the International Group and BIMCO on the Himalaya Clause for use in bills of lading and other contracts and contains a revised Himalaya Clause. BIMCO clause. Himalaya Clauses Using Arbitration Clauses. Impose on the other party to the contract, defined in the Clause as the “Merchant” (which term includes a shipper, consignee or holder of a bill of lading) an obligation not to sue any servant,  agent or subcontractor of the contractual carrier, and to indemnify the contractual carrier in the event that the Merchant makes a claim, whether under the contract or in tort, bailment or otherwise, against the servants, agents or subcontractors of the contractual carrier employed in performing the contract. International Group / BIMCO Revised Himalaya Clause. The revised wording is set out in the appendix hereto. Owners/members were advised by club circular No.10-023 dated 17 January 2011 of the joint review of the Himalaya clause for use in bills of lading and other contracts undertaken by the International Group of P& I clubs (IG) and BIMCO, and of the revised BIMCO/IG Himalaya Clause wording recommended for adoption in 2010 following that review. 1) Introduction The aim of BIMCO and the IG has been to produce a clause which should be recognised and given effect to in most of the major jurisdictions, including the US and UK. The aim of BIMCO and the IG has been to produce a clause which should be recognised and given effect to in most of the major jurisdictions, including the US and UK. In June 2019 BIMCO issued a Cyber Security Clause 2019 for incorporation in a wide range of maritime contracts. The International Group of P&I Clubs (IG) and BIMCO have completed a review of the Himalaya clause for use in bills of lading and other contracts and as a result have drafted a revised Himalaya clause (the Clause). Fairmont Château Laurier, Ottawa . The International Group of P&I Clubs (IG) and BIMCO have completed a review of the Himalaya clause for use in bills of lading and other contracts and as a result have drafted a revised Himalaya clause (the Clause). Use the link to get access to the ballast water management guide, the ship master’s security manual and many other publications. The Himalaya clause came to be after the English court case, Adler v. Dickinson, declared that a ship called the Himalaya could include a clause protecting its employees from liability. (b) It is hereby expressly agreed that no Servant shall in any circumstances whatsoever be under any liability whatsoever to the shipper, consignee, receiver, holder, or other party to this contract (hereinafter termed “Merchant”) for any loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect or default on the Servant’s part while acting in the course of or in connection with the performance of this contract. BIMCO and the Association of Ship Brokers & Agents (U.S.A.), Inc. (ASBA) have approved a voyage charter party, ASBAGASVOY, for publication to serve the growing gas tanker industry. Borden Ladner Gervais, LLP . The Servant shall also be entitled to enforce the foregoing covenant against the Merchant; and. For all the latest of BIMCO's own market analysis on global shipping, including macroeconomics, dry bulk, tanker and container. The International Group of P&I Clubs (IG) and BIMCO have drafted a revised Himalaya clause for use in bills of lading and other contracts ; A copy of the revised clause is attached to this circular. The aim of BIMCO and the IG has been to produce a clause which should be recognised and given effect to in most of the major jurisdictions, including the US and UK. Himalaya. To provide protection in respect of operations related to the carriage of goods but which are not necessarily carried out on board a ship, for example operations which take place before loading or after discharge from a vessel or operations involved in multi-modal carriage. These clauses address a wide range of topics and can be downloaded free of charge. BIMCO’s statements are our position on topical policy issues which we consider relevant to our members. For instance, when used in bills of lading or other documents containing or evidencing contracts of carriage, the terms ‘Carrier’ and ‘Merchant’ will need to be defined and the definitions will need to reflect the parties’ intentions, which may vary from contract to contract. BIMCO contracts & clauses; Bimco Contracts; Bimco Clauses; Create a contract; Chartering help & advice. In response to US case law where managers were held not to fall within the scope of a so-called "Himalaya" clause, the International Group, together with BIMCO, has revised and updated its own Himalaya Clause for Bills of Lading. It is hereby expressly agreed that no employee or agent of the Managers (including every sub-contractor This document is a computer generated SHIPMAN 98 form printed by authority of BIMCO.Any insertion or deletion to the form must be clearly visible. International Group of P&I Clubs / BIMCO Revised Himalaya Clause (November 2014) (a) For the purposes of this contract, the term “Servant” shall include the owners, managers, and operators of vessels (other than the Carrier); underlying carriers; stevedores and terminal This amended edition incorporates the International Group of P&I Clubs/BIMCO Himalaya Clause for Bills of Lading and other contracts 2014, an updated signature box and a reference to the York-Antwerp Rules 2016 in respect of the Rules according to which General Average should be adjusted. BIMCO’s Board of Directors has pointed to Nick Fell, Executive Vice President Corporate Services & General Counsel at BW Group in Singapore, to take up the role as chairperson of BIMCO’s Documentary Committee in summer 2021.
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