Institute Cargo Clauses 01/01/2009
Following an extensive period of world-wide consultation going back
to 2006, the Joint Cargo Committee released revised Institute Cargo
Clauses A, B and C, along with accompanying Institute Cargo Clauses War
and Institute Cargo Clauses Strikes, on 24 November 2008.
The new clauses are dated 1 January 2009.
Nick Gooding, Chairman of the JCC Working Party responsible for the
new clauses made a presentation on the final drafts during the 2008
Vancouver Conference. An updated version of this presentation was
made to London market practitioners on 19 November 2008.
A copy of the presentation can be viewed via the link below.
The Committee subsequently introduced accompanying Air, Air War and
Air Strikes Clauses, also under date of 1 January 2009.
Institute War Clauses (Air Cargo) 01/01/2009 CL388
Following the circulation of the updated Air Cargo Clauses under
JC2008/025 on 17 December, it was noted that the Institute War
Clauses (Air Cargo)1/1/09 contain two errors which have been drawn to
the attention of the Working Party.
Clause 4.1.4 of the Institute War Clauses (Air Cargo) 1/1/09, though
consistent with the equivalent clause in the Institute War Clauses (Air
Cargo) 1/1/82, as currently published in Witherbys, is inconsistent with
that Clause as originally drafted and also inconsistent
with with the current marine war clauses for cargo. An
appropriate amendment has been made. At the same time the words
"caused by" in Clause 3.7 (the insolvency exclusion) have been
substituted for the words "arising from" to be consistent with the
Institute Commodity Trades Clauses and with the revised Institute Cargo
Clauses (Air) 1/1/09 and the revised Marine Clauses.
An updated copy of CL388 was circulated under JC2008/026.
The updated Institute War Clauses (Sendings by Post) has now
been issued under JC2009/004. This version of the clause has
subsequently been updated and re-issued under circular JC2009/005 (see
below). The clause number remains as CL390.
Copies of final versions of all clauses, in both Specimen and "clean"
format are available below.
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