War and Charter Parties

​Our Americas Members often deal with contracts of carriage subject to the US Carriage of Goods by Sea Act (“COGSA”) and the Harter Act, this article addresses some frequently asked questions.

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 new Civil Code of the People’s Republic of China came into effect from 1st January, 2021, bringing in numerous changes to the rules governing civil disputes in China, those of particular relevance to Members are the changes to the rules relating to guarantees, which we consider in more detail below.

In a press briefing dated 21 December 2020, the Secretary-General of the IMO spoke out against “no crew change” clauses in charterparties.