With effect from February 20, 2026, it will be a requirement under mutual P&I cover that Members preserve certain rights of recourse for the carriage of dangerous goods in contracts for carriage. Specifically, any liabilities that would not have arisen but for a waiver, a limitation of or a failure to incorporate rights of recourse for the carriage of dangerous goods which are found in Article IV Rule 6 of the Hague or Hague Visby Rules, will only be recoverable at the discretion of the Club’s Board of Directors.
This evolution in cover reflects the support for laws that have automatic application to the contract for carriage, such as the Hague and Hague Visby Rules, representing a long-established and fair system, with the parties’ rights and obligations being clearly defined, including the express right of the carrier to recover from a shipper in respect of the carriage of dangerous goods where notice that the goods are dangerous has not been given.
In contrast to contractually negotiated or implied rights, the carrier’s right of recourse for the carriage of dangerous goods in these circumstances is one of strict liability that, in the majority of maritime jurisdictions, is automatically applicable under a bill of lading as a matter of statute/law, unless expressly waived or restricted by the carrier.
Full advisory at the following link.