INTERCLUB AGREEMENT 2011 PDF

We use cookies to ensure that we give you the best experience on our website. To get more information about these cookies and the processing of your personal data, check our Cookies Policy. As such it is generally only of relevance to our readers working in the dry bulk and container trade. Liability is apportioned by reference to the cause of the loss or damage to the cargo. For example, in the case of a cargo shortage on discharge, liability is apportioned unless there is clear and irrefutable evidence that the claim arose out of pilferage or act or neglect by one or other of the parties. C Oerssleff's Eftf.

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It can also apply to contracts of carriage authorised under such charterparties. Our Club, in common with the other Group clubs is issuing a circular to inform Members of this change. 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. As the new agreement takes effect from 1st September , we recommend its incorporation into all NYPE and Asbatime charterparties going forward.

If you need to call our offices out of hours and at weekends, click After Office hours for a up to date list of the names of the Duty Executives and their mobile phone numbers. This Ship Finder is updated on a daily basis. Members who need to advise the Club of updates to their recorded ships' details should advise their usual underwriting contact. Thomas Miller Group Website. Emergency Contacts. Menu Search. Site search Search keyword s : Search. Inter-Club Agreement as amended 1 September Ship Finder.

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New charterparty clause promoting the use of the Inter-Club Agreement

Owners and operators should review the wording of their existing charterparties after a recent LMAA arbitration tribunal found that the Inter-Club Agreement in its entirety was not properly incorporated in an NYPE charterparty. The owners requested counter-security from their charterers for a claim they secured toward head owners, under Clause 9 of the Inter-Club Agreement ICA. The charterers refused to provide security to owners on the basis that the wording of the charterparty clause restricted the application of the ICA to address only liability , apportionment and settlement of cargo claims, not provision of security. The purpose of the ICA is to encourage reasonable settlement and save costs by avoiding expensive legal disputes when dealing with cargo claims. The tribunal in this case considered that the decision did not undermine the intent of the ICA because the main purpose, swift apportionment of liability for cargo claims, was not affected.

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Inter-Club Agreement (as amended 1 September 2011)

It can also apply to contracts of carriage authorised under such charterparties. Our Club, in common with the other Group clubs is issuing a circular to inform Members of this change. 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. As the new agreement takes effect from 1st September , we recommend its incorporation into all NYPE and Asbatime charterparties going forward.

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Incorporation of 2011 Inter-Club Agreement in charterparties

Rules Rules Guidance on the Rules Publications. News News Updates. International Sanctions Piracy Cargo Shortage. Inside Stories. The purpose behind the development of the ICA was to avoid costly and protracted litigation.

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