As we have seen recently there are rerouting and multiple charges added by shipping lines, till now there has been no advisory for declaration of force majeure but still legally shipping lines can implement surcharges and they can do it in a legal way , we will understand it here by example of MSC BL clauses. We will also answer below questions by explaining the BL clauses.
Why shipping line charge emergency risk surcharge ?
Can shipping lines change route bill of lading clause ?
What is in MSC BL clause 13 ?
Shipping lines can reroute vessels and impose additional charges because the Bill of Lading gives carriers operational flexibility. Under clauses such as MSC Clause 13 (Additional Charges under special circumstances), Clause 9 (Methods and Routes of Carriage), and Clause 10 (Carrier’s Options), carriers may change routes, discharge cargo at alternative ports, and recover extra costs arising from emergencies, war risks, or operational disruptions.
How can shipping lines legally change routes and charge extra?
The answer lies in the Bill of Lading (B/L), which is the legal contract governing the carriage of goods by sea.
According to recent MSC advisories, additional charges may be implemented as per Clause 13 of the MSC Bill of Lading, along with other supporting clauses that give carriers operational flexibility.
Clause 13 – Additional charges and expenses under any type of special circumstances
Clause 13 allows the carrier to recover extra costs incurred during the transport of cargo when circumstances beyond normal operations arise.
Under this clause, the carrier may recover expenses related to:
War or security risks
Route deviations
Emergency operational costs
Additional handling or storage
Government restrictions or port disruptions
This clause forms the legal basis for surcharges such as:
Emergency Risk Surcharge (ERS)
War Risk Surcharge
Operational Recovery Surcharge
Congestion or disruption-related charges
In simple terms, if the carrier incurs additional operational costs due to extraordinary circumstances, Clause 13 allows those costs to be recovered from cargo interests.
Clause 9 – Methods and routes of carriage
Another important clause is Clause 9, which gives the carrier flexibility in how cargo is transported.
Under this clause, the carrier may:
Use any route or means of transport
Transship cargo at intermediate ports
Transfer containers to another vessel
Change the originally planned route if necessary
This means the carrier is not contractually bound to follow a fixed voyage route.
For example, if security risks increase in the Red Sea, the vessel may legally sail via the Cape of Good Hope instead.
Clause 10 – Carrier’s options during disruption
Clause 10 gives the carrier authority to act when the voyage becomes unsafe or impractical.
The carrier may:
Continue the voyage via another route
Suspend the voyage temporarily
Store cargo at another location
Discharge cargo at a safe port
These options allow shipping lines to protect the vessel, cargo, and crew during unexpected disruptions.
Clause 16 – Freight and charges remain payable
Clause 16 clarifies that freight is considered earned once the cargo is received by the carrier.
This means freight and related charges may still be payable even if:
The route changes
The voyage is delayed
Cargo is discharged at another port due to emergency circumstances
Shipping lines are able to reroute vessels and impose additional charges because these rights are clearly defined in the Bill of Lading contract.10, and Clause 16—provide the operational authority for route changes and voyage adjustments.
For exporters and importers, understanding these clauses helps explain why shipping routes change and why additional surcharges may appear during global disruptions.
Example of Red Sea crisis re routing
During the Red Sea crisis, several shipping lines diverted vessels away from the Suez Canal and rerouted them via the Cape of Good Hope. The longer route increased fuel consumption and transit time, leading carriers to introduce Emergency Risk Surcharges (ERS) and operational recovery charges.
We will also answer the major queries raised now a day after starting of Strait of Hormuz crisis
Can a shipping line change the destination port?
MSC B/L Clause 10 – Carrier’s Options in Case of Hindrance, Obstruction or Risk
If the voyage becomes unsafe or impractical, the carrier may discharge the cargo at another safe port or location.
Once the cargo is discharged under such circumstances, the carrier may consider its delivery obligations fulfilled under the contract.
Why do shipping lines charge emergency surcharges?
MSC B/L Clause 13 – Additional Charges
This clause allows the carrier to recover additional costs incurred during the transport of cargo due to extraordinary circumstances such as war risks, route deviations, congestion, or operational disruptions.
Emergency or war-related surcharges are imposed to recover these additional operational expenses.
Is rerouting considered breach of contract?
MSC B/L Clause 9 – Methods and Routes of Carriage
The carrier is permitted to use any route, transship cargo, or transfer containers between vessels during the voyage.
Such actions are considered part of normal carriage operations and do not constitute a deviation or breach of the contract of carriage.
No. Most Bills of Lading state that route deviation is permitted under the carrier’s operational rights.
The author works in the logistics and export industry and writes about real-world shipping operations and global supply chain disruptions.
Popular Posts
Explore Topics
Comments
