The Legal Effectiveness of the Both-to-Blame Collision Clause under Bills of Lading and Charterparties

摘要

In spite of the attitude of the United States courts in considering the 'Both-to-Blame Collision Clause' as invalid, such clause is still widely used in most forms of bills of lading and charterparties, and acceptable in its application by many foreign jurisdictions. Since such clause is widely accepted in its application, many P&I clubs (and insurance companies) ask for the inclusion of this clause in the shipowners' bills of lading and charterparties as a mandatory requirement for cover.