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SHIPPING NEWS

Shipping Lines Activate Century Old Clause — Shippers Carry the Risk

Rising risks in the Middle East are now directly affecting global shipping, with traffic through the Strait of Hormuz slowing to a crawl and carriers reverting to rules that haven’t been widely used in decades. At the centre of this shift is something most importers have never had to think about: the “liberties clause” in a bill of lading.

This clause — rooted in maritime law from the 1800s and formalised under the Hague Rules — gives shipping lines the right to change course, delay voyages, or discharge cargo at a completely different port if continuing the journey becomes unsafe. And right now, that’s exactly what’s happening.

Major carriers including MSC, Maersk, CMA CGM and Hapag-Lloyd are actively invoking this clause as security risks escalate in the region. Instead of completing voyages into the Arabian Gulf, some vessels are offloading containers at alternative “safe ports,” leaving cargo owners to figure out how to get their goods to final destination.

What this means in practice:

• Containers aren’t guaranteed to arrive at the port listed on your booking

• Cargo may be discharged thousands of kilometres away

• Shippers are responsible for all additional costs — re-transport, storage, handling

• Emergency surcharges are being added rapidly across trade lanes

We’re already seeing:

• Flat surcharges per container being introduced

• Sharp increases in freight rates into Gulf countries

• Additional fuel and risk-related charges layered on top

Examples:

• MSC issuing “End of Voyage” declarations — an operational use of the liberties clause, where the carrier terminates the contracted journey early and discharges cargo at a safe port — while applying ~$800 per container surcharges.

• Maersk introducing emergency rate increases of up to ~$3,800 per 45ft unit across Gulf destinations, alongside a new Emergency Bunker Surcharge (effective 25 March).

At the same time, vessels avoiding the region entirely are being rerouted around Africa via the Cape of Good Hope — adding up to two extra weeks transit time and putting further pressure on global capacity. This isn’t a short-term disruption — it’s a reminder of how much power sits inside the fine print of shipping contracts. For years, global trade has operated in a relatively stable environment where these clauses were rarely enforced. Now, almost overnight, carriers are exercising rights that effectively shift risk back onto cargo owners.

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