In response to the frequency and seriousness of piracy attacks in the Gulf of Aden and off Somalia, INTERTANKO's Documentary Committee has produced a model piracy clause for both voyage and time charterers.
"Many current charter parties will not have anticipated the possibility of the vessel being hijacked. Owners should therefore check the terms of their existing charters and bills of lading before, for example, taking any decision to re-route the ship," explained INERTANKO.
"Re-routing may expose an owner to claims for breach of charter; for example a failure to prosecute the voyage with "due" or "utmost despatch", and also to claims under the bill of lading, for example for deviation and late delivery.
"Owners should also check their war risk clauses, some of which permit a deviation in appropriate circumstances," INTERTANKO advised.
INTERTANKO's Documentary Committee has produced the following clauses which address the main issues involved in transiting the Gulf of Aden and/or re-routing the ship.
INTERTANKO has cautioned, however, that these clauses are not comprehensive and will need to be amended to suit the particular factors affecting each ship and voyage.
To view and download clauses click here.