Gard says any deterioration in security around the Strait could carry contractual consequences for ships trading to Gulf ports.

US-Iran tensions are again putting the Strait of Hormuz in focus, with marine insurer Gard warning that a worsening security environment could have knock-on effects for charterparties.

Gard looked at how a potential escalation in the region could affect contractual performance under English law for ships trading to and from Gulf ports, it said in a legal note published on its website on Friday.

While the Strait of Hormuz remains open, Gard said developments that raise the risk to vessels or disrupt navigation may bring war risk and safe port provisions into play.

Commonly used clauses such as BIMCO’s CONWARTIME and VOYWAR may allow owners to refuse orders or request alternative ports if they reasonably judge that a vessel, crew or cargo could be exposed to war risks.

Additional war risk premiums and related insurance costs linked to a Hormuz transit may also fall to charterers, depending on the wording of the charter.

Safe port warranties could also become a point of dispute if ports requiring passage through Hormuz are considered unsafe due to credible security threats.

Gard noted that interference affecting AIS or GPS in the wider Gulf region is another factor that may complicate voyage planning and contractual obligations.

Earlier this month, the US warned that US-flagged vessels transiting the Strait of Hormuz could face the risk of being hailed, boarded, detained or even seized by Iranian forces. It comes after a vessel was approached by Iranian gunboats in the Hormuz.

The club said owners should carry out voyage-specific risk assessments and keep clear records when assessing orders involving the Strait.