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Force Majeure (Security)

E1. Maritime security, geopolitics and risk

Definition

Charterparty clause invocable for war-risk or piracy events.

Force majeure in a security context is a contract clause excusing a party from charter or carriage obligations when war, piracy, blockade, or a government act beyond its control prevents performance. It isn’t a standalone maritime term but a civil-law principle invoked under named clauses; GENCON and many time charters pair it with war clauses such as CONWARTIME and VOYWAR, which let an owner refuse a dangerous voyage or deviate from a war-risk area. English law treats force majeure narrowly, requiring the specific clause wording; mere increased cost or delay usually doesn’t trigger it.

Source: Charterparty war clauses CONWARTIME and VOYWAR (BIMCO); GENCON form, BIMCO