HFW Logistics Bulletin

Welcome to the June edition of our Logistics Bulletin.

In this edition we begin by considering the regulation of alliances in the container trade as two new major alliances, the “Ocean Three” and “2M”, have been launched in 2015.

Following this we consider Himalaya clauses and their importance to logistics companies. As many readers will be aware, in November 2014 BIMCO updated their Himalaya clause and this is briefly reviewed. We also look at a recent US case that emphasises the importance of careful drafting of the clause if the intention is to protect sub-contractors in a multi-modal transportation chain.

Next, we report on an English High Court case which summarised the main legal principles for contempt of court to be found against a company or director. This case has important implications for all directors of companies. If it is found that adirector is in contempt, then they could potentially be imprisoned.

As well as BIMCO’s revised Himalaya clause, BIMCO have also recently developed the BIMCO SERVICECON as a Standard Service Contract for use by carriers and shippers. The intention is that this contract will provide a basis for volume carriage in container shipping trades. This new BIMCO contract is reviewed.

Should you require any further information or assistance on any of the issues dealt with here, please do not hesitate to contact any of the contributors to this Bulletin, or your usual contact at HFW.