There is no question that Hurricane Harvey, which first struck Texas on August 25, 2017, was a storm of catastrophic proportions. An event like Harvey and the associated force majeure declarations have the potential to impact the performance of transportation contracts such as charter parties and contracts of affreightment.
The analysis of the impact, if any, will ultimately depend on the factual circumstances and contractual language. This guidance from our local correspondents describes the principal factors to be considered when a transportation contract contains a force majeure provision and when no such provision exists in the contract.
The ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) notes with deep concern the challenges and the impact that restrictions and other measures adopted by governments around the world to contain the spread of the COVID-19 pandemic has had on the protection of seafarers’ rights as laid out in the Convention.
