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Bulk Ship Union v Clipper Bulk Shipping - The Pearl C

83 bytes removed, 10:43, 14 February 2014
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As a result of the incidence of slow-steaming in the market, BIMCO has developed standard form slow-steaming clauses for both time and voyage charterparties. Both clauses provide owners with a two-fold protection: an express recognition that slow-steaming in accordance with orders (whether given by charterers or owners) will not amount to a breach of the utmost/due dispatch obligation; and an obligation on the charterer to ensure that the terms of bills of lading permit slow-steaming and that charterers will indemnify owners for liabilities arising from claims for breach of the obligation to proceed with utmost and/or due dispatch.
In the present climate slow-steaming is here to stay, at least for the time being. If an owner wishes to implement, or continue to operate, a policy of slow-steaming, then a transparent approach is likely to be the best. The decision of The Pearl C reinforces the point that owners would be well-advised to press for the inclusion of the BIMCO slow-steaming clause in either its time or voyage charterparty form in all their future fixtures.

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