自日本福岛核泄漏事件以来，坊间流传多个版本关于核辐射的条款。这种条款一般倾向于保护条款起草人的利益。波罗的海国际航运公会也一直密切关注日本地震和核辐射对国际航运的影响，并最终起草了关于辐射风险的标准条款，并希望以此达到平衡的契约性解决方案。具体请查看BIMCO特别通函和我司翻译的中文条款。如有问题，请联系我们！
Special circular no3 april 2011 – radio activity risk clause for time charters
BIMCO has been monitoring the impact on international shipping trading to and from Japan following the catastrophic and tragic earthquake and tsunami that struck the north-east coast on 11 March. In response to the on-going situation at the Fukushima nuclear plant, a number of home-made “radiation clauses” have begun to circulate the market which contain provisions that are generally framed very much in favour of the party that drafted them. BIMCO is aware that some of these clauses give sweeping rights to owners to deviate from Japanese port calls almost on a whim and without any objective determination of risk. Such clauses are most likely being rejected out of hand by charterers. It is response to these home-made clauses that BIMCO has drafted a standard Radiation Risk Clause for Time Charter Parties. What we hope to achieve is a balanced contractual solution that addresses the potential risk of exposure to high levels of radioactivity based on thresholds established by competent authorities. Details please refer to attached special circular from BIMCO.
See attached file: BIMCO Radioactivity Risk Clause for Time Charter Parties.pdf
