BIMCO has published its CII Operations Clause for Time Charter Parties 2022.
The clause is long, but the basic structure of rights and responsibilities is reasonably clear. However, there remain several outstanding issues, primarily relating to sub-clauses (g) and (i) which are considered further below.
Despite its length, the BIMCO clause represents a real attempt to grapple with the problems inherent in the CII regulations. The clause seeks to balance the interests of both parties, but ultimately provides owners with a mechanism to step in and ensure that a ship’s carbon intensity does not rise, and thereby downgrade her CII rating. However, the mechanism by which this is effected (sub-clause (g)) seems a potentially fertile ground for disputes.
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