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.
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Condensation resulting from something other than improper ventilation or bad stowage where there is not irrefutable evidence that the claim arose out of the act or neglect of Charterers, their servants or sub-contractors.
These clauses seem to have fallen into disuse and therefore it is believed that the minor change will be of wgreement or no practical significance.
William Stansfield Solicitor William is a solicitor based in the London office.
Inter-Club New York Produce Exchange Agreement 1996 (As Amended September 2011)
However, this is subject to the proviso that where charterers can prove that the failure to properly load, stow or handle etc. Now under the Agreement the inclusion of the words “and responsibility” in Clause 8 is no longer regarded as a material amendment and there is just one apportionment formula.
In one important decision of the English Commercial Court 3 dealt with the application of the Agreement when agreemeng incorporated as a term of the charterparty, against the practical background of container operations and through and multimodal transport bills of lading.
Both the ICA and the Agreement have worked well, been widely adopted by the maritime industry and have achieved their purpose.
Inter-Club New York Produce Exchange (N.Y.P.E.) Agreement
A cookie is a small piece of data that websites store on your computer and we use them to provide you with a better user experience on our website. We have placed cookies on your computer to help make this website better. After the expiry of such notice, the Agreement shall nevertheless continue as between all the Clubs, other than the Club giving such notice who shall remain bound by and be entitled to the benefit of this Agreement in respect of all cargo claims arising out of charterparties commenced prior to the expiration of such notice.
The ICA appears to have become somewhat standard in the trade, since it is now often expressly incorporated into charterparties in the NYPE form. Charterparties authorised under the charterparty and incorporating the Hague or Hague-Visby Rules or containing terms no less favourable.
The Agreement also provides that apportionment under the ICA may only be made if the claim has been properly settled or compromised. In addition, although the relevant contract of carriage must still incorporate the Hague or Hague-Visby Rules or terms no less favourable, the Agreement will also be applicable where the contract incorporates the Hamburg Rules or any national law giving effect thereto, where these Rules are compulsorily applicable by operation of law to the contract of carriage.
Inter-Club Agreement – Comparison Between 1984 and 1996 Forms
As a result, the new form says clearly that the addition of the words “and responsibility” in Clause 8 is not a material amendment even though the inclusion of such words will affect the manner in which liability is apportioned – see comments to “Apportionments” belowbut that the addition of the words “cargo claims” to Clause 26 renders the Agreement inoperative even if it is expressly abreement into the charterparty.
Whilst the words of the proviso may be new, it is believed that they merely state expressly what was implicit in the Agreement and therefore it is anticipated that, in practical terms, there will be no change in apportionment of claims under this heading.
The version continues to include “costs” in the apportionment, and clarifies that “costs” means the following: The vessel arrived at the disport in December Clause 8 d of the ICA provides that:. 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. As can be seen, despite the absence of any express reference to condensation claims, it is believed that these claims will continue to be treated in the same way as before.
It is understood that no Club has ever withdrawn from the ICA. Clause 8 d of the ICA is the general sweep up provision which applies when intercluub cause of the cargo claim does not fall within one of the causes mentioned in clauses 8 a – c.
Some pages or content may fail to load. Industry News Up-to-date information about topical issues is provided by the Industry News service. Interckub 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.
Inter-Club Agreement – Comparison Between and F – GARD
Instead, an alternative apportionment formula is to be applied. This involves cases in which the contract would have been authorised except for the inclusion of through or combined multimodal transport provisions. The ICA endeavours to remove the contradiction contained in the formula.
See article in Gard News of December Interxlub material amendment is defined in both forms as one which makes liability for cargo claims clear.
However, the reference to ex-gratia payments has been dropped since it was considered that the words were superfluous. All other claims whatsoever including claims for delay to cargo where there is irrefutable evidence that the claim arose out of the act interclyb neglect of Charterers, their servants or sub-contractors.
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. The new version is also an attempt to arrange the Agreement in a more logically structured way, to make it intecrlub “user-friendly”.