BIMCO War Risks Clause for Voyage Charter Parties 2025 (VOYWAR 2025)
(a) For the purpose of this Clause, the words:
(i) "Area" means any port, place, area or zone, waterway or canal;
(ii) "Insurance Costs" means:
(1) any additional war risks premiums; and/or
(2) costs of any (additional) kidnap and ransom insurances
in connection with War Risks for the Vessel to proceed to, through or remain in an Area exposed to War Risks;
(iii) "Owners" shall include the registered owners, bareboat charterers, disponent owners, managers or other operators who are charged with the management of the Vessel,
(iv) "War Risks" shall include any actual, threatened or reported:
War; act of war; civil war; hostilities; revolution; rebellion; civil commotion; warlike operations; laying of mines; acts of piracy; violent robbery; capture; seizure; acts of terrorists; acts of hostility; malicious damage and/or blockades (whether imposed against all vessels or imposed selectively against vessels of certain flags or ownership, or against certain cargoes or crews or otherwise), by any person, organisation, terrorist or political group and/or the government of any state or territory whether recognised or not, which, in the reasonable judgement of the Master or the Owners, may be dangerous or may become dangerous to the Vessel, cargo, crew or other persons on board the Vessel.
(b) If at any time before the Vessel commences loading, it appears that, in the reasonable judgement of the Master or the Owners, performance of the Charter Party, or any part of it, may expose the Vessel, cargo, crew or other persons on board the Vessel to War Risks, the Owners may give notice to the Charterers cancelling this Charter Party provided always that if this Charter Party provides that loading or discharging is to take place within a range of ports, and at the port(s) nominated by the Charterers, the Vessel, cargo, crew, or other persons on board the Vessel may be exposed to War Risks, the Owners shall by notice request the Charterers to nominate any other safe port(s) which lies within the range for loading or discharging, and may only cancel this Charter Party if the Charterers have not nominated such safe port(s) within seventy-two (72) hours of receipt of notice of such requirement.
(c) The Owners shall not be obliged or required to continue to load cargo for any voyage, or to sign bills of lading, waybills or other documents evidencing contracts of carriage for any port or place, or to proceed or continue on any voyage, or on any part thereof, or to proceed to or through or remain in an Area where it appears, either after the loading of the cargo commences, or at any stage of the voyage thereafter before the discharge of the cargo is completed, that, in the reasonable judgement of the Master or the Owners, the Vessel, cargo, crew or other persons on board the Vessel may be exposed to War Risks. If it should so appear, the Owners shall by notice request the Charterers to nominate a safe port for the discharge of the cargo or any part thereof, and if within seventy-two (72) hours of the receipt of such notice, the Charterers have not nominated such a port, the Owners may discharge the cargo at any safe port of their choice (including the port of loading) in complete fulfilment of the Charter Party. If the discharge takes place at any port other than the contracted discharging port(s), the freight shall be adjusted based on the estimated time and/or expenses incurred or saved, as documented by the Owners. The additional or reduced adjusted freight shall be paid or reimbursed within seven (7) calendar days of the later of (1) receipt of the Owners’ debit or credit invoice (as applicable) with supporting documents and (2) the bills of lading being issued. The Owners shall have a lien on the cargo for the adjusted freight.
(d) If at any stage of the voyage, before, during or after loading the cargo, it appears that, in the reasonable judgement of the Master or the Owners, the Vessel, cargo, crew or other persons on board the Vessel may be exposed to War Risks on any part of the route (including an Area) which is normally and customarily used in the contracted voyage, and the Owners elect an alternative route at any stage between the first load port and the final discharge port, the Owners shall give notice to the Charterers that this alternative route will be taken without prejudice to any right to cancel under subclause (b). In this event, the freight shall be adjusted based on the estimated time and/or expenses incurred or saved as a result of that alternative route, as documented by the Owners. The additional or reduced adjusted freight shall be paid or reimbursed within seven (7) calendar days of the later of (1) receipt of the Owners’ debit or credit invoice (as applicable) with supporting documents and (2) the bills of lading being issued. The Owners shall have a lien on the cargo for the adjusted freight.
(e) (i) The Owners may effect War Risks insurance in respect of the Vessel and any insurances that Owners reasonably require in connection with War Risks and the annual premiums shall be for their account.
(ii) If the Vessel proceeds to or through or remains in an Area exposed to War Risks, the Charterers shall reimburse Insurance Costs to the Owners. If requested, the Owners shall demonstrate that they have used reasonable endeavours to obtain appropriate cover and terms (including premium).
(iii) If the Vessel discharges all of her cargo within an Area subject to Insurance Costs, the Charterers shall further reimburse the Owners for the actual Insurance Costs paid from completion of discharge until the Vessel leaves such Area. The Owners shall leave the Area as soon as possible after completion of discharge.
(iv) The Owners shall notify the Charterers of Insurance Costs as soon as practicable and, if possible, before the Vessel enters an Area exposed to War Risks.
The Charterers shall only be obliged to reimburse Insurance Costs actually incurred by the Owners net of any applicable discount or benefit received for that voyage (such as any no claims bonus). Reimbursement by the Charterers shall be made within fifteen (15) days of receipt of the Owners’ invoices and supporting documents.
(f) The Vessel shall have liberty:
(i) to comply with all orders, directions, recommendations or advice whatsoever, including but not limited to those concerning departure, arrival, routes, sailing in convoy, ports of call, stoppages, destinations, discharge of cargo or delivery, which are given by the government of the nation under whose flag the Vessel sails, or other government to whose laws the Owners are subject, or any other government of any state or territory whether recognised or not, organisation or group whatsoever acting with the power to compel compliance with their orders or directions;
(ii) to comply with the requirements of insurers under the terms of the Vessel’s insurance(s);
(iii) to comply with the terms of any resolution of the Security Council of the United Nations, the effective orders of any other supranational body which has the right to issue and give them, and with national laws aimed at enforcing those to which the Owners are subject, and to obey the orders and directions of those who are charged with their enforcement;
(iv) to discharge at any alternative port any cargo or part thereof which may expose the Vessel to liability for carrying contraband cargo;
(v) to call at any alternative port to change the crew or any part thereof or other persons on board the Vessel when there is reason to believe that they may be subject to internment, imprisonment, detention or similar measures;
(vi) to leave an Area in which it is exposed to War Risks whether such risk existed at the time of entering the Area or occurred thereafter;
(vii) where cargo has not been loaded or has been discharged by the Owners under any provisions of this Clause, to load other cargo for the Owners' own benefit and carry it to any other port or ports whatsoever, whether backwards or forwards or in a contrary direction to the ordinary or customary route.
(g) The Charterers shall indemnify the Owners for claims arising out of the Vessel proceeding in accordance with any of the provisions of this Clause which are made under any bills of lading, waybills or other documents evidencing contracts of carriage.
(h) Anything done or not done in accordance with any of the provisions of this Clause, shall not be deemed to be a deviation, but shall be considered as due fulfilment of the Charter Party and any contracts of carriage.
Explanatory Notes
The BIMCO War Risks Clause for Time Charter Parties (CONWARTIME) and War Risks Clause for Voyage Charter Parties (VOYWAR) Clauses were last revised in 2013. However, as a result of geopolitical developments, changes in trading practices and increased demand for transparency in relation to additional premiums and payment of crew bonuses, a review has been undertaken to determine the basis and extent of changes required to ensure that the provisions remain in line with commercial needs. As a result, the clauses have been updated and will be incorporated into all new and revised BIMCO charter parties and other documents.
BIMCO recommends that members using standard charter parties or other contracts with the existing 2013 edition (or earlier) of the War Risks Clause for Time Charter Parties (CONWARTIME) and War Risks Clause for Voyage Charter Parties (VOYWAR) Clauses replace these versions with the new 2025 edition.
The BIMCO War Cancellation Clause 2004 was reviewed by the drafting team, but it was decided that the clause is still fit for the current industry practices.
Drafting Team
CONWARTIME 2025 is the result of a collaborative and consensual process between owners, charterers, P&I clubs, defence clubs, insurance and legal experts. BIMCO is grateful to the drafting team for their considerable time, effort and commitment in producing the revised agreement:
Michiel Starmans, Spliethoff Group (Chairperson)
Francis Sarre, CMB
Henning Babiel, ADM
Dorte Nielsen, Centurion Bulk
Richard Young, Beazley/Clearwater Dynamics
William Gidman, HFW
Nicola Cox, West P&I Club
Neil Roberts, Joint War Committee
Vicki Tarbet, Nordisk Defence Club
BIMCO representatives:
Carl Wilhelm Lindahl
Zehra Göknaz Engin
As part of the development work, the drafting committee consulted a large group of stakeholders. BIMCO would like to thank them all for their support and valuable input to the process.
VOYWAR 2025 War Risks Clause for Voyage Charter Parties
In contrast to CONWARTIME, where a war risk may exist before or after a charter party has been concluded, VOYWAR focuses on the position before, during and after loading or after the voyage has commenced. As there may be scenarios where the vessel arrives at the loading port and having waited for a few weeks and maybe few hours before loading starts, the route becomes dangerous. The subclause is broadened to cover such situation and “during and after” wording was included in the subclause.
The test in subclause (a) for determining the extent of a risk was brought into line with CONWARTIME during 2013 revision which has been maintained during 2025 revision and is to be measured by reference to the level of danger.
A number of other minor and consequential amendments have been made to ensure consistency and improve the text, along with a key amendment introducing a new calculation method for additional or reduced freight in the event of a route change due to war risks.
Subclause (a) - The term “Area” has been added as a new definition for clarity under subclause (a)(i). Previously part of subclause (b), this change is not intended to alter the interpretation of the definition.
Subclause (a)(ii) – “Insurance Costs” has been defined under subclause (a)(ii) to make the clause easier to read and to clarify what would fall under “Insurance Costs”. The subclause was structured in such a way that “the additional war risks premiums” and/or “cost of any (additional) kidnap and ransom insurances” in connection with War Risks for the vessel to proceed to, through or remain in an Area was clearly divided to list the relevant insurances and clarify which insurances are included in the definition.
The word “additional” before “kidnap and ransom insurance” is intended to clarify that only kidnap and ransom insurance obtained for a particular voyage, in addition to the standard war risk insurance is to be considered included under “Insurance Costs”. It was also specifically mentioned in the clause that these premiums and/or insurances are in connection with the vessel proceeding to, through or remain in an Area to cover the scenarios where it may become stuck in such a location.
Subclause (a)(iii) – The term “shipowners” has been amended to read “registered owners” to provide clarity under “Owners” definition.
It was decided to remove “the Master; and” from the definition of “Owners” to prevent any confusion regarding the Master’s responsibility for payments or reimbursements.
Subclause (a)(iv) – The definition of “War Risks” has been streamlined for clarity and consistency. Additionally, the term “body” was deemed inappropriate in this context and has been replaced with “organisation”.
Definition of “Piracy” has been removed from “War Risks” definition as the term is already included in the clause by including the events defined as piracy and the term “Piracy” has not been used in any other subclauses, therefore it was removed. No change in scope of the clause is envisaged by this amendment.
Subclause (b) – The term "Contract of Carriage" has been amended to “Charter Party” throughout this subclause, as in the following subclauses "contracts of carriage" is already mentioned and that covers bills of lading and other similar documents.
The language of this subclause has been amended by removing “or may refuse to perform such part of this it as may expose the vessel, cargo, crew or other persons onboard the Vessel to War Risks;” as the situation where the route becomes dangerous rather than the loading/discharging port is now covered under amended subclause (d).
It is important to note that if there is only one port of loading and one port of discharging, the owners can cancel immediately. However, if a range of ports is specified, the charterers have the right to renominate a port within the agreed range. This is provided by the language "provided that loading and discharging are to take place within a contracted range of ports."
This subclause has also been amended to extend the nomination period to 72 hours, providing the charterer with additional time to issue alternative orders.
Subclause (c) – The word “obliged" in addition to "required" has been added in this subclause to align with CONWARTIME wording.
In order to ensure alignment throughout the clause “to or” has been added in connection with the vessel proceeding to, through or remain in an Area to cover the scenarios where it may become trapped in such a location.
This subclause has also been amended to extend the nomination period to 72 hours, providing the charterer with additional time to issue alternative orders and aligning it with subclause (b).
A new way of calculating the extra freight has been introduced in the subclause. The 100 miles threshold has been removed and amended to an “estimated time and/or extra expenses incurred or saved” calculation method. Reason for this amendment being that the previous method was considered disproportionate. The new method introduced is considered common practice in the industry and it introduces a new documentation requirement for the owners. Furthermore, this approach has been formed as the basis for discussions to facilitate a balanced solution with a fair and reasonable result.
It is important to note that when additional or reduced freight has been calculated and payment terms for such freight needs to be agreed if different from the agreed payment terms under the charter party.
Subclause (d) – It was decided to add “before, during or” wording to cover situations a war risk arises where the vessel has already reached the loading port, waited for several weeks (possibly incurring demurrage) and then, mere hours before loading, a threat similar to the Red Sea/Houthi scenario emerges, rendering the usual route unsafe, necessitating a significantly longer alternative route, after conclusion of the charter party but before commencement of the loading. This new wording aims to allow owners to recalculate the freight to reflect the alternative route.
It was decided to amend the wording to read “the contracted voyage” instead of “a voyage of the nature contracted for”. This amendment is considered an enhancement for clarity while still having the important link back to the contracted voyage.
A new wording “without prejudice to any right to cancel under subclause (b)” has been added in the subclause as the clause is applicable to events arising before, during and after the loading of the cargo rather than only after following the revision; and the owners therefore shall have the right to cancel as per subclause (b) in circumstances where the war risk arose before commencement of loading.
The last sentence of the subclause has been amended to cater for a lien by the owners as in subclause (c).
It is important to note that when additional or reduced freight has been calculated and payment terms for such freight needs to be agreed if different from the agreed payment terms under the charter party.
Subclause (e) – The wording “annual” was included in the subclause to provide clarity in relation to the type of insurance that is intended to be for owners’ account under subclause (e)(i). The rationale being here that the use of any additional insurances could be interpreted as additional premiums, therefore it was decided to remove “additional” from the subclause.
In subclause (e)(ii), the wording “pursuant to the Charterers' orders, or in order to fulfil the Owners’ obligation under this Charter Party,” has been removed to simplify the subclause and to align the wording with the subclause (d) of CONWARTIME. It was also decided to replace the words “any area or areas” with “remains in an Area” to ensure consistency throughout the subclause and align with the definition of “Insurance Costs” now included in the subclause.
“If requested” wording was decided to be added in this subclause as the insurance documents are not provided on each occasion and generally provided upon the charterers’ request. And the following wording “the Owners shall demonstrate that they have used reasonable endeavours to obtain appropriate cover and terms (including premium).” has been added to the subclause to give charterers the possibility to ask for proof of the owners’ reasonable efforts to obtain reasonable cover and terms and to challenge any excessive premium claimed by the owners. The objective being to enhance transparency.
A new wording was inserted at the end of the subclause (e)(ii) which now reads "The Owners shall notify the Charterers of Insurance Costs as soon as practicable and, if possible, before the Vessel enters the Area exposed to War Risks". This change signifies a shift from a procedure where owners only notify charterers if requested, to a procedure where owners notify charterers regardless of whether such notification has been requested. This was considered a more balanced approach and “the Area exposed to War Risks" wording was particularly included in the sentence to make it clear that it is an area exposed to War Risks and not just any area.
The previously second paragraph of subclause (e)(ii) is now included as a new subclause (e)(iii). Defined terms “Area” and “Insurance Costs” were included in this subclause.
In subclause (e)(iv), the approach to payments and documentation has been amended. It was decided to include net of any applicable discount or benefit received should be transferred to the charterers. As an example, these could include discounts for having a kidnap and ransom insurance, for ballasting, and for having armed guards on board. It was also decided that the “no claims bonus” discounts should be calculated on a voyage basis as a return to charterers.
Subclause (f) – Subclause (f)(i) wording was amended and “whatsoever, including but not limited to those concerning” included in the first sentence to replace “or in any other way whatsoever” for enhanced clarity. Additionally, the term “body” was deemed inappropriate in this context and has been replaced with “organisation” as in subclause (a)(iv).
Subclause (f)(ii) has been amended and “the Owners’” has been removed from this subclause to refer to “insurers” instead of “the Owners’ insurers” as it is typically the vessel’s insurers who have control over and access to the documents.
Subclause (f)(iii) has amended to remove the capitalised “supranational” as it is not a defined term within the clause.
Subclause (f)(iv) wording “being held liable” has been amended to read “liability” to modernise the language and the wording “as a contraband carrier” was amended to “for carrying contraband cargo” for clarity and it now mirrors CONWARTIME subclause (c) wording.
Subclause (f)(vi) was included in the clause to align the wording with CONWARTIME subclauses (b) and (c), as it serves as a liberty clause. This ensures that the vessel has the liberty to leave an area, avoiding a double standard, as it is not obligated to proceed into or through areas with war risks.
In order to avoid any doubt about the position and the inconsistency with the Piracy Clause (given that VOYWAR also covers piracy risks), “whether such [war] risk existed at the time of entering into this charter party or occurred thereafter” wording was included.
Subclause (g) – The wording “Sub-clauses (b) to (h)” has been amended to “this Clause” to include the definitions under the scope of application.
Subclause (h) – It was decided to restructure the subclause by shifting “Anything done or not done” to the beginning of the sentence. “Charter Party and any contracts of carriage” wording was inserted at the end of the sentence to cater for bills of lading and other similar documents and to align the wording of subclause (i) of CONWARTIME.