The Clause may also be downloaded free of charge from the BIMCO web site at www.bimco.org and is also available as an additional clause to subscribers of BIMCO’s online charter party editing system, idea. 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. Want to buy or download a BIMCO publication? It requires the parties to implement and maintain a level of cyber security “appropriate” to their businesses and use reasonable endeavours … 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. Fairmont Château Laurier, Ottawa . ASBAGASVOY has amended the ASBATANKVOY form by replacing the specific oil tanker clauses with clauses regulating the specific characteristics of the gas tanker trade. Owner-, broker- and agency members can access information about non-payment issues, fake invoices and fraudulent behaviour reported to BIMCO. 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). A Himalaya clause is a contractual provision expressed to be for the benefit of a third party who is not a party to the contract. 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. 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. Taxes, tariffs & charges Find specific taxes, tariffs and charges for a port, state or county (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 operators; and any direct or indirect servant, agent, or subcontractor (including their own subcontractors), or any other party employed by or on behalf of the Carrier, or whose services or equipment have been used to perform this contract whether in direct contractual privity with the Carrier or not. 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. The one-stop digital shop for all the standard maritime contracts and clauses you’ll ever need. 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. 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. Incorporation of the Hague and Hague-Visby Rules. 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 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. 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 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, a further revised Himalaya Clause wording has been produced with the objective of making it clear that the protection afforded under the clause is extended to managers. The Shipping KPI system is the tool for you. 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. It is hereby expressly agreed that no servant, agent, direct or indirect subcontractor or other party employed by or on behalf of the Carrier, or whose services or equipment have been used in order to perform this contract (such persons so employed, or whose services or equipment have been used, hereinafter termed “Servant”) shall in any circumstances whatsoever be under any liability whatsoever to the shipper, consignee, receiver 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. What are you looking for? In 2010, BIMCO reviewed the standard Himalaya clause for use in bills of lading and other contracts, and published a recommended revised wording. The Servant shall also be entitled to enforce the foregoing covenant against the Merchant; and. (ii) The Merchant undertakes that if any such claim or allegation should nevertheless be made, he will indemnify the Carrier against all consequences thereof. These clauses address a wide range of topics and can be downloaded free of charge. Many cargo claims are likely to … Why is it called Himalaya?The Himalaya clause takes its name from the English case of Adler v Dickson*. 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 wide range of contracts cover every aspect of shipping activities, including charter parties, bills of lading, finance and offshore contracts. Sub-clauses (g) to (j) are all standard provisions. BIMCO has developed a large number of standalone clauses to supplement the standard contracts. Availability The text of the BIMCO Infectious or Contagious Diseases Clauses follows at the end of this Circular and can be downloaded free of charge from the Chartering/Clauses section of the BIMCO website (www.bimco.org). 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. April 15, 2011 . A new Himalaya clause wording, jointly drafted by the International Group and BIMCO is announced this week. Himalaya clause if they are acting as a sub-contractor. (6) International Group of P&I Clubs/BIMCO Himalaya Clause for bills of lading and other contracts 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 A Himalaya clause is a contractual provision intended to confer a benefit on an entity that is not a party to that contract. International Group / BIMCO Revised Himalaya Clause. 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. (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. 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. 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. The BIMCO Cyber Security Clause 2019 is suitable for inclusion in a wide range of maritime contracts. It can also be downloaded from the IG website www.igpandi.org. 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. 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. Successfully implementing a Just In Time (JIT) arrival scheme is dependent not only on an efficient operational framework but also on important contractual considerations. 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 BIMCO General Average Absorption Clause, developed with representatives of insurance underwriters, average adjusters, shipowners and the P&I clubs, was first published in 2002. 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. Where necessary, the IG / BIMCO recommend that any amendments to the Clause are made subject to obtaining appropriate legal advice. (e) For the purpose of sub-paragraphs (a)-(d) of this clause the carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons mentioned in sub-clause (a) above who are his Servant and all such persons shall to this extent be or be deemed to be parties to this contract. Yours faithfullySKULDDouglas JacobsohnPresident & CEO. Holiday calendar. 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. Members were advised in October 2010 by Club Circular 2010/027 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 following that review. BIMCO standard form In 2010, BIMCO reviewed the standard Himalaya clause for use in bills of lading and other contracts, and published a recommended revised wording. 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. Work will now begin to revise ASBATANKVOY, one of the most used tanker charter parties in the world. 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. Electronic trading & Himalaya clause circulars. BIMCO Contracts; BIMCO Clauses; Chartering help and advice; Create a contract; Managing payment risk. 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. 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. 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. Borden Ladner Gervais, LLP . (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. 04 Dec 2020. Although theoretically applicable to any form of contract, most of the jurisprudence relating to Himalaya clauses relate to maritime matters, and exclusion clauses in bills of lading for the benefit of employees, crew, and agents, stevedores in particular. 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. 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. As adopted at the General Meeting in Athens, May 2019. 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. 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. 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 Such a provision is expressed to be for the benefit of a … 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. 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. ... 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. For general guidance and information on cargo-related queries. The purpose of this clause is to highlight the fact that no matter what, the general average would apply to the contract of carriage. 1) Introduction by the International Group of P & I Clubs (IG) and BIMCO, and of the revised BIMCO/IG Himalaya Clause wording recommended for adoption following that review. 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. 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). BIMCO's own free-to-use fleet graphics and 3rd party market reports on sale & purchase, newbuilding, demolition, dry bulk and oil tankers. 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 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). BIMCO contracts & clauses; Bimco Contracts; Bimco Clauses; Create a contract; Chartering help & advice. 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. All Clubs in the IG have issued a similar Circular. Claims would, generally, be brought only against the carrier and not its servants, agents and subcontractors (e.g. 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. Taxes, tariffs & charges. The 2010 circular can be viewed here: 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. (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. In June 2019 BIMCO issued a Cyber Security Clause 2019 for incorporation in a wide range of maritime contracts. 6, 17 September 2010 - Revised Himalaya Clause for Bills of Lading and other Contracts. stevedores) and other independent subcontractors (such as railroad companies.). Owner-, broker- and agency members can access information about non-payment issues, fake invoices and fraudulent behaviour reported to BIMCO. Our Club Circular 15/10 published today includes a copy of the revised clause. 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). BIMCO contracts & clauses; Bimco Contracts; Bimco Clauses; Create a contract; Chartering help & advice. 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. 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. Use the link to get access to the ballast water management guide, the ship master’s security manual and many other publications. Members are of course free to contact their Clubs for assistance in this regard. The revised wording is set out in the appendix hereto. 04 Dec 2020. Parties using the Clause must take care to ensure that it achieves its purpose when incorporated into different types of contract. 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. 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. Members are recommended to amend their contracts of carriage to incorporate this new clause. To this end, advice was obtained from leading UK and US counsel during the drafting process. The Himalaya clause takes its name from the English case of Adler v Dickson1. 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 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 full text of the IG / BIMCO Clause is set out below. A Himalaya clause is a contractual provision intended to confer a benefit on an entity that is not a party to that contract. ... 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. ----------------------* Adler v Dickson (The Himalaya)[1954] 2 Lloyd's Rep 267, [1955] 1 QB 158. It was updated in 2017 to reflect the YAR 2016 and more minor improvements have recently been made. 1 Adler v Dickson (The Himalaya) [1954] 2 Lloyd's Rep 267, [1955] 1 QB 158, Originally published in BIMCO Special Circular No. BIMCO has sought to address industry concerns about cyber security incidents by publishing a new contractual clause. 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. This is a clause published by the International Group of P&I Clubs which has been endorsed by BIMCO. 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 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. For all the latest of BIMCO's own market analysis on global shipping, including macroeconomics, dry bulk, tanker and container. International Group / BIMCO Revised Himalaya Clause. In response, BIMCO and the Association of Ship Brokers & Agents (USA) Inc. (ASBA) recently released ASBAGASVOY with intended for use for LPG, anhydrous ammonia, and chemical gases. US Oil Pollution California - Increased criminal penalties for oil spill related offences . The BIMCO Himalaya model clause, for example, explicitly addresses the issue of arbitration: 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. 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. Himalaya Clauses Using Arbitration Clauses. International Group of P&I Clubs/BIMCO Himalaya Clause for Bills of Lading. 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. 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 (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. (ii) The Merchant undertakes that if any such claim or allegation should nevertheless be made, he will indemnify the carrier against all consequences thereof. 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. 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. A Himalaya clause is a contractual provision intended to confer a benefit on an entity that is not a party to that contract. Canadian Maritime Law Association Seminar . Since the invention of the Himalaya clauses, disputes have arisen in terms of their scope, interpretation and validity. The Servant shall also be entitled to enforce the foregoing covenant against the Merchant; and. 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. 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. 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