Key featuresHimalaya clauses are by nature rather complex and it is impossible to produce a clause that operates successfully on every occasion and in every jurisdiction. 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. For general guidance and information on cargo-related queries. BIMCO contracts & clauses; Bimco Contracts; Bimco Clauses; Create a contract; Chartering help & advice. 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. 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. 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. stevedores) and other independent subcontractors (such as railroad companies.). ASBAGASVOY has amended the ASBATANKVOY form by replacing the specific oil tanker clauses with clauses regulating the specific characteristics of the gas tanker trade. International Group of P&I Clubs/BIMCO Himalaya Clause for Bills of Lading. The Himalaya clause takes its name from the English case of Adler v Dickson1. Revised Himalaya Clause for Bills of Lading and other 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). These clauses address a wide range of topics and can be downloaded free of charge. The passenger ticket contained a non-responsibility clause exempting P&O from liability, so Mrs Adler sued the master of the ship, Captain Dickson, and the boatswain for compensation. 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 provides an allocation between the parties of their respective cyber security obligations under the contract and the actions each must take in the event of an incident. Parties using the Clause must take care to ensure that it achieves its purpose when incorporated into different types of contract. The Shipping KPI system is the tool for you. Taxes, tariffs & charges. 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. 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. 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. The passenger ticket contained a non-responsibility clause exempting P&O from liability, so Mrs Adler sued the master of the ship, Captain Dickson, and the boatswain for compensation. As adopted at the General Meeting in Athens, May 2019. (c) Without prejudice to the generality of the foregoing provisions in this clause, every exemption, limitation, condition and liberty contained herein (other than Art III Rule 8 of the Hague/Hague-Visby Rules if incorporated herein) and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the carrier or to which the carrier is entitled hereunder including the right to enforce any jurisdiction or arbitration provision contained herein shall also be available and shall extend to every such Servant of the carrier, who shall be entitled to enforce the same against the Merchant. 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. This is a clause published by the International Group of P&I Clubs which has been endorsed by BIMCO. Many cargo claims are likely to … An arbitration clause is also not such a contractual defence. 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. 6, 17 September 2010 - Revised Himalaya Clause for Bills of Lading and other Contracts. Taxes, tariffs & charges Find specific taxes, tariffs and charges for a port, state or county 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. 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. As mentioned above, a Himalaya Clause is useful to preserve the limits, exemptions and defences enjoyed by the carrier and extend this protection to relevant third parties acting on behalf of vessel owners. In summary the Clause is intended where possible to: However depending on the jurisdiction in which liability may arise, the protection of the Clause cannot always be guaranteed. ASBAGASVOY is a voyage charter where the shipowner provides a vessel for carriage of specified goods for a voyage between identified ports or between a range of identified ports. The revised wording is set out in the appendix hereto. This circular should be read in conjunction with Circular 15/10 regarding the International Group of P&I Clubs (IG) and BIMCO Himalaya clause for use in bills of lading and other contracts; A revised Himalaya Clause wording has been produced with the objective of making it clear that the protection afforded under the clause is extended to ship managers. 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. 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 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. Both BIMCO and the International Group websites also carry copies of the wording for download. In 2010, the International Group of P&I Clubs (IG P&I) and BIMCO reviewed the use of Himalaya clauses in bills of lading and other contracts. A Himalaya clause is a contractual provision intended to confer a benefit on an entity that is not a party to that contract. BIMCO is the world’s largest direct-membership organisation for shipowners, charterers, … 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 Wholly exempt a contractual carrier‟s or other contracting party‟s servants, agents or subcontractors 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. BIMCO has developed a large number of standalone clauses to supplement the standard contracts. 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. 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 BIMCO contracts & clauses; Bimco Contracts; Bimco Clauses; Create a contract; Chartering help & advice. 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. A Himalaya clause is a contractual provision intended to confer a benefit on an entity that is not a party to that contract. The Servant shall also be entitled to enforce the foregoing covenant against the Merchant; and. Taxes, tariffs & charges Find specific taxes, tariffs and charges for a port, state or county 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. 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 BIMCO Himalaya model clause, for example, explicitly addresses the issue of arbitration: Claims would, generally, be brought only against the carrier and not its servants, agents and subcontractors (e.g. Do you want to compare your ship performance vs industry standard and identify efficiency improvements? 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. (i) The Merchant undertakes that no claim or allegation whether arising in contract, bailment, tort or otherwise shall be made against any Servant which imposes or attempts to impose upon any of them or any vessel owned or chartered by any of them any liability whatsoever in connection with this contract whether or not arising out of negligence on the part of such Servant. Canadian Maritime Law Association Seminar . BIMCO’s wide range of contracts cover every aspect of shipping activities, including charter parties, bills of lading, finance and offshore contracts. Our Club Circular 15/10 published today includes a copy of the revised clause. BIMCO clause. This further circular should be read in conjunction with the 2010 circular, which set out the key features and intended effects of the 2010 revision of the original Himalaya Clause. The clauses are similar to ASBAGASVOY subclause 20(b), but also contain the IG Clubs/BIMCO Himalaya Clause for Bills of Lading and contracts 2014. In 2010, BIMCO reviewed the standard Himalaya clause for use in bills of lading and other contracts, and published a recommended revised wording. This further circular should be read in … As part of a project to incorporate a Himalaya Clause into all of BIMCO’s bills of lading and waybills, the signature boxes on the face of the bills and waybills have been updated. BIMCO’s statements are our position on topical policy issues which we consider relevant to our members. BIMCO Contracts; BIMCO Clauses; Chartering help and advice; Create a contract; Managing payment risk. Users of … Want to buy or download a BIMCO publication? 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. 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. It requires the parties to implement and maintain a level of cyber security “appropriate” to their businesses and use reasonable endeavours … All Clubs in the IG have issued a similar Circular. A Himalaya clause is a contractual provision intended to confer a benefit on an entity that is not a party to that contract. The addition of Hong Kong as the fourth named arbitration option has prompted BIMCO to overhaul its law and arbitration clause. The consequences of incorporation or form of incorporation of such clauses in a charterparty are not always obvious and the key issues are set out below. 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. BIMCO has published a Contract Authenticity Clause to encourage parties issuing contracts based on a BIMCO form to agree to use one obtained from an authorised source such as SmartCon. This is a clause published by the International Group of P&I Clubs which has been endorsed by BIMCO. Bills of Lading vs Sea Waybills, and The Himalaya Clause Peter G. Pamel and Robert C. Wilkins . 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