Owners can rely on absolute warranty in frequently used safe berth clauses
BIMCO, INTERCARGO and INTERTANKO have welcomed a ruling by the highest court in the US on 30 March 2020 concluding that the
plain meaning of the safe-berth clause in the Athos I dispute includes an unambiguous warranty of safety. Søren Larsen, deputy
secretary general of BIMCO, said: “The US Supreme Court has made a sound and robust decision consistent with the shipping
industry’s long held understanding of risk allocation in safe port and safe berth clauses. A different result would have compromised
the essential clarity and certainty provided by standard charter parties on which our industry depends.”
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