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 International Group of P&I Clubs (IG P&I) and BIMCO reviewed the use of Himalaya clauses in bills of lading and other contracts. As adopted at the General Meeting in Athens, May 2019. 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). Revised Himalaya Clause for Bills of Lading and other Contracts. 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. Many cargo claims are likely to … 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. The Court of Appeal held Captain Dickson liable and awarded damages to Mrs Adler. In June 2019 BIMCO issued a Cyber Security Clause 2019 for incorporation in a wide range of maritime contracts. A Himalaya clause is a contractual provision intended to confer a benefit on an entity that is not a party to that contract. (ii) The Merchant undertakes that if any such claim or allegation should nevertheless be made, he will indemnify the Carrier against all consequences thereof. This clause is universally approved with the exception of common law authority. The 2010 circular can be viewed here: The new edition was approved for publication at the recent meeting of BIMCO’s Documentary Committee and is available to download from our website. 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. ... 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. ASBAGASVOY has amended the ASBATANKVOY form by replacing the specific oil tanker clauses with clauses regulating the specific characteristics of the gas tanker trade. 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. (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 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. stevedores) and other independent subcontractors (such as railroad companies.). A Himalaya clause is a contractual provision intended to confer a benefit on an entity that is not a party to that contract. 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 aim of the revision was to produce a clause which would be recognised and given effect to in most of the major jurisdictions, in- cluding the US and the UK. 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. Do you want to compare your ship performance vs industry standard and identify efficiency improvements? 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). Himalaya Clauses Using Arbitration Clauses. 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  the Servant who  shall to this extent be or be deemed to be a party to this contract. (i) The Merchant undertakes that no claim or allegation whether arising in contract, bailment, tort or otherwise shall be made against any Servant of the carrier 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. This has largely impaired the efficiency of the clauses. A Himalaya clause is a contractual provision intended to confer a benefit on an entity that is not a party to that contract. Himalaya. 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. A Himalaya clause is a contractual provision intended to confer a benefit on an entity that is not a party to that 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. Taxes, tariffs & charges. BIMCO is the world’s leading organisation responsible for developing standard contracts and clauses used by the shipping industry. 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. 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. 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 clauses are similar to ASBAGASVOY subclause 20(b), but also contain the IG Clubs/BIMCO Himalaya Clause for Bills of Lading and contracts 2014. International Group / BIMCO Revised Himalaya Clause. 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. 1) Introduction The Servant shall also be entitled to enforce the foregoing covenant against the Merchant; and. 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. Use the link to get access to the ballast water management guide, the ship master’s security manual and many other publications. April 15, 2011 . 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