Resumo

CASTILLO, Mariano. “Knock for knock” in charterparties: key elements and judicial construction under English and American law. Bol. Mex. Der. Comp. [online]. 2021, vol.54, n.161, pp.509-540.  Epub 09-Maio-2022. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2021.161.16484.

Knock for knock involves a contractual regime applying a principle of risk distribution and allocation of liability. This principle performs said distribution on the rationale that each party bears its own risks, therefore assuming the liabilities deriving from them, and each party is also expected to obtain insurance in respect of the assumed risks. The parties implement this contractual regime through one or more clauses, usually. There are several legal tools that allow establishing such a regime. The most common legal tools are both mutual exclusion clauses and mutual indemnity clauses, which fall within the generic notion of exemption clauses. This article offers the analysis of knock for knock regimes in time charterparties. Firstly, it offers a notion of knock for knock and its implementation in contracts. Second, it highlights the principal criteria in the construction of time charterpaties, and particularly of knock for knock clauses, according to both United States’ and United Kingdom’s Jurisprudence. The methodology involves legal hermeneutics, and considers legal commentators, treaties, statutes and jurisprudence.

Palavras-chave : indemnity clauses; knock for knock; maritime law; time charterparties; oil industry and offshore construction industry.

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