The International Group of P&I Clubs has announced new regulations regarding the obligation to preserve the right of recourse when carrying dangerous goods which will come into force as of 20 February 2026 as part of the International Group Agreement. A failure to protect a right of recourse may risk prejudicing reinsurance- and insurance cover.
The Hague and Hague-Visby Rules provide for an automatic right of recourse when the dangerous nature of the goods has not been properly declared. These regulations are intended to ensure that mutual risk protection under the International Group Agreement, and by extension its membership, is not exposed to unnecessary risks where shipowners prejudice their right of recourse. Recent incidents have shown that liabilities associated with the carriage of dangerous goods can be substantial and the significant impact of shipowners prejudicing their right of recovery in these circumstances. By ensuring that the right of recovery is not prejudiced, members will be able to recover losses from their charterers and cargo interests, limiting exposure to shipowners under the reinsurance structure or the International Group Agreement. We note that the NNPC previously introduced amendments in Rule 16.10 of the Class 1 Rules to include a general obligation to preserve the right of recourse but NNPC will review its Class 1 Rules in light of these new regulations.
We recommend that members ensure that their charter contracts and any contracts of carriage do not restrict their right of recourse. Members with questions are invited to contact us via claims@nnpc-marine.com.
