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Owners can rely on absolute warranty in frequently used safe berth clauses

Maritime Risk International

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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