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including extra premiums and crew wages or bonuses paid because of the risk. If owners decline to proceed, they must give immediate notice, after which the charterer may nominate an alternative safe port within the contractual period. If no safe nomination is made in time, owners may choose a safe port, with charterers bearing the resulting costs, risks, and expenses. Charterers must also indemnify owners against claims under Bills of Lading, Sea Waybills, or similar documents arising from actions taken pursuant to the clause.VOYWAR, BIMCO%u2019s standard war risk clause for voyage chartering, uses the same %u201creasonable judgment%u201d trigger but distinguishes between issues arising before loading and after loading has commenced. Before loading, if performance would expose the vessel to defined war risks, owners may refuse to perform or cancel. In cases where only certain contractual ports are dangerous, owners must first notify the charterer and allow time for the nomination of a substitute safe port; if such nomination fails, owners may cancel.Once loading has commenced, VOYWAR operates much like CONWARTIME: if performance risks exposing the vessel to war risks, owners need not continue and may proceed to a safe alternative port after notifying the charterer and seeking a safe nomination. In the absence of a timely response, owners may choose the alternative port themselves. VOYWAR also permits an alternative route if part of the intended route appears to expose the vessel to war risks; in such cases, owners must notify the charterer, and freight is adjusted to reflect the deviation.As with CONWARTIME, VOYWAR places additional premiums and costs associated with trading to dangerous areas on the charterer, until discharge is completed and, where applicable, until the vessel departs from a dangerous discharge port. Charterers must also indemnify owners against document of carriage claims resulting from actions taken under VOYWAR.With regard to the updates to the clauses, there are some key differences between the 2013 and 2025 versions. For CONWARTIME, the 2013 revision %u2014 influenced by the decision in the case of the %u201cTriton Lark%u201d (Pacific Basin IHX ltd v Bulkhandling Handymax AS (The %u201cTriton Lark%u201d) (No.1) [2011] EWHC 2862 (Comm); [2012] 1 Lloyd%u2019s Rep. 151) %u2014 reframed the process of testing whether an area is dangerous, rather than assessing the %u201cdegree%u201d of risk. It also confirmed %u2014 following the decision in the case of the %u201cPaiwan Wisdom%u201d (Taokas Navigation SA v Komrowski Bulk Shipping KG (GmbH & Co) (The %u201cPaiwan Wisdom%u201d) [2012] 2 Lloyd%u2019s Rep. 416), and aligning with BIMCO%u2019s piracy clause %u2014 that the clause can apply even where risks existed at the start of the charter. The 2025 version largely preserves this approach while streamlining drafting, adding definitions, and enhancing transparency on insurance-related costs. It also extends the substitute port nomination period from 48 to 72 hours.For VOYWAR, the 2013 update also adjusted the risk test, which is retained in the 2025 version. The updated wording clarifies how the clause applies before, during, and after loading, as well as after the voyage has commenced. Additionally, it updates the method for recalculating freight when an alternative route is taken, including a requirement for owners to provide supporting documents. As with CONWARTIME, VOYWAR extends the safe-port nomination period from 48 to 72 hours.In summary, charterparties commonly include a war risk clause %u2014 often CONWARTIME or VOYWAR %u2014 allowing owners, based on reasonable judgment, to refuse to proceed to unsafe ports or to adjust performance in order to avoid danger. Owners are required to notify charterers and allow for the nomination of a safe alternative. In general, charterers bear extra costs and indemnify owners against resulting carriage claims.Finally, BIMCO%u2019s 2025 revisions focus on clarity and consistency, with practical changes including longer nomination periods and updated mechanisms for freight adjustment.May 2026 277

