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Possible closure of the Strait of Hormuz: commercial choices and contractual protections – Assagenti Newsletter

Drawing on the complex situation in the Persian Gulf and the threat, in June, of a closure of the Strait of Hormuz, the contribution by Giacomo Desirello Poggi analyzes the possible repercussions on maritime traffic from a legal perspective. It examines the protection afforded to carriers by force majeure clauses, through the regulation of deviation under Article IV, paragraph 4, of the Hague Visby Rules, as incorporated into bills of lading, as well as the war risks clauses included in charter parties, which allow for the termination of the contract in the event of the outbreak of an armed conflict or a situation comparable to a state of war.

Assagenti Settembre.pdf