The Inter-Club Agreement (ICA) was formulated in in order to promote amicable and equitable settlements for cargo claims under the. The Inter-Club Agreement (ICA) first came into force on 20 February It was revised in , in. and again in See 24 August , Standard. CIRCULAR REF: / CIRCULATED TO ALL MEMBERS, BROKERS AND DIRECTORS. The Inter-Club New York Produce Exchange Agreement, which.
|Published (Last):||18 March 2013|
|PDF File Size:||9.84 Mb|
|ePub File Size:||6.84 Mb|
|Price:||Free* [*Free Regsitration Required]|
Waybills authorised under the charterparty and incorporating the Hague or Hague-Visby Rules or containing terms no less favourable.
Instead, an alternative apportionment formula is to be applied.
Web design agency – Liquid Light. Accordingly, it became necessary to interclubb a clear definition of “cargo claims”. Accordingly in the 11996 of payment, no accrued cause of action crystallises and there is therefore no right, prior to payment, for the party sued in respect of a Cargo Claim to require that the other party to the charterparty, provide security which could be sought, by, for example, arresting or threatening to arrest a vessel or other property.
It is understood that intetclub Club has ever withdrawn from the Intefclub. The rationale behind this is that many charterparties incorporate the Hague or Hague-Visby Rules thus giving owners a complete defence to claims of this kind.
This was implied in the form. Condensation resulting from bad stowage where the words “and responsibility” have been added to Clause 8. If the condensation intreclub resulted solely from improper ventilation, owners were per cent liable. The purpose behind the development of the ICA was to avoid costly and protracted litigation. The first in was to meet one particular shortcoming relating to the time limit for making claims. In one important decision of the English Commercial Court 3 dealt with the application of the Agreement when expressly incorporated as a term of the charterparty, against the practical background of container operations and through and multimodal transport bills of lading.
Clause 8 d of the ICA provides that: The distinction between discharge and delivery may be of vital importance if discharge is completed several days after the hatches are opened.
The apparent more generous time bar for Hamburg Rules cases is necessary due to the fact that under the Hamburg Rules there is a two year limitation period 14 compared to the one year under the Hague interclkb Hague-Visby Rules. From time to time the Agreement has been amended in order to keep inyerclub in line with legal developments.
This provision although worded differently gives the same effect as its counterpart in the Agreement. Any form of document authorised under the charterparty or which would have been authorised under the charterparty except for the inclusion of through or combined multimodal transport provisions, incorporating the Hamburg Rules sgreement any national law giving effect thereto, where these Rules are compulsorily applicable by operation of law to the contract of carriage.
Accordingly, claims settled under through or multimodal bills of lading will be outside the scope of the version of the Agreement, unless expressly allowed under the charterparty.
That claim was settled and the owners then brought a recourse action against charterers under the terms of the time charterparty. In addition, there is now a new requirement that the cargo claim must also be paid. It also makes clear the fact innterclub the charterers have the burden of proving that the cargo claim did or did not so arise.
In particular, the time bar in the Agreement contained in Clause 6, which will be discussed in detail later should prevail over any contractual or statutory time bar. Scope of application 1 This Agreement applies to any charterparty which is entered into after the date hereof on the New York Produce Exchange Form or or Asbatime Form or any subsequent amendment of such forms.
It took the form of re-arranging the text in a more logical way and:.
Inter-Club New York Produce Exchange Agreement (As Amended September )
However, this is subject to the proviso that where charterers can prove that the failure to properly load, stow or handle etc.
However, if under such a charterparty, charterers have issued bills of lading to which the Hamburg Rules apply as a matter of law, there will be no defence to a claim for negligent navigation or management of the vessel under the bill of lading but charterers will be unable to pass on the claim to owners due to the negligent navigation or management of the vessel defence in the charterparty.
Condensation resulting from something other than improper ventilation or bad stowage where there is irrefutable evidence that the claim arose out of the act or neglect of Owners, their servants or sub-contractors. In practice the result should be the same as under the form.
Inter-Club New York Produce Exchange (N.Y.P.E.) Agreement 1996
Charterparties authorised under the charterparty and incorporating the Hague or Hague-Visby Rules or containing terms no less favourable. Clause 8 d of the ICA is the general sweep up provision which applies when the cause of the cargo claim does not fall within one of the causes mentioned in clauses 8 a – c. Under this new provision once one of the parties to a charterparty has put up security in respect of a cargo claim, provided the time limits set out in clause 6 of the agreement have been complied with, there is an entitlement to security on the basis of reciprocity.
Members who need to advise the Club of updates to their recorded ships’ details should advise their usual underwriting contact. In addition, it was thought that the provision of two apportionment formulae was quite confusing, so there were attempts to amalgamate them into one, without affecting the division of liability as established in the form.
One will also note that “delivery” has been substituted for “discharge”. Still, the omission of this sentence may serve to avoid confusion when the ICA is expressly incorporated into charterparties and thereby binding on charterers and owners.
A cargo claim was made against the vessel. All other claims whatsoever including claims for delay to cargo where there is not irrefutable agreekent that the claim arose out of the act or neglect of one party or the other including its servants or sub-contractors.