Protective Clauses

Clause library

Published: 4 September 2009


  • Paramount Clauses
  • Both-To-Blame Collision Clause
  • New Jason Clause


Protective Clauses - Commentary

The term “Protective Clauses” is used to describe standard clauses which owners are required (often by their insurers) to insert in contracts of carriage for their own protection. They are often not read and even less understood.

The most important is the Paramount Clause since this ensures that cargo claims are governed by the Hague-Visby Rules. Otherwise there is a risk that the owners’ liability will exceed the liability under the Rules and therefore be outside the scope of P&I cover.

Charterparty Clauses will generally provide that all bills of lading contain these clauses. Some charterparties go further and provide that claims under the charterparty are also subject to the Hague-Visby Rules.

The Both to Blame Collision Clause and New Jason Clause deal with specific situations which may arise under US law.

 War Risks Clauses are sometimes also described as Protective Clauses.