Cargo insurance and expenses arising during the period of delay

This chapter analyses the recoverability of general average expenses that arise during the period of delay that shall be contributed to by the cargo interests. The Institute Cargo Clauses 2009 and the Institute Strikes Clauses 2009 contain the identical delay exclusion which reads that 'loss, damage or expense caused by delay, even though the delay be caused by a risk insured against' is not recoverable. The protraction of the negotiations would therefore constitute a risk for the lives of the crew and the safety of cargo and vessel generally. Delay is not a covered peril under the Institute Cargo Clauses. Furthermore, the Transit Clause in the Institute Cargo Clauses refers to delay beyond the control of the assured as an event which does not terminate the transit. Transit can be terminated following a delay frustrating the object of the adventure caused by a peril such as restraint of princes or detention.