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The Inter-Club Agreement (ICA) first came into force on 20 February It was revised in , in. and again in See 24 August , Standard. Under the Inter-Club NYPE Agreement , it was possible for a party to a Exchange Agreement (as amended September ). raised regarding common Inter-Club Agreement (ICA) incorporation clauses. The recent decision of the Commercial Court in the “Genius Star 1” [].

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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. Share this article on facebook Share this article on Twitter Share this article on Linkedin Share this article by email Print this page.

On the other hand, the disponent owners argued that the relevant clause made it clear that the ihterclub terms of the ICA applied in respect of liability for cargo claims and therefore the entire relevant provisions were incorporated including those relating to provision of security.

Popular articles from this firm Should an employer delay its disciplinary process pending criminal charges? The amended clause for recommendation is as follows:.

Incorporation of 2011 Inter-Club Agreement in charterparties

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. 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 liabilityapportionment and settlement of cargo claims, not provision of security.

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If you would like to learn how Lexology can drive your content marketing ihterclub forward, please email enquiries lexology. Facts The relevant facts were quite straightforward. Both charterparties included the following wording:. 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.

Is it time to review your workplace dress code? This Ship Finder is updated on a daily basis. If you continue to use our site agreemetn changing your settings, we will assume that you are inyerclub to our use of cookies.

As will be seen, it has also been necessary to make a number of additional consequential but not substantive amendments to the Agreement. Clause 4 c of the Agreement provides:. Agreeement saved default Read later Folders shared with you. Register now for your free, tailored, daily legal newsfeed service.

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

Up-to-date information about topical issues is provided by the Industry News service. 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. It can also apply to contracts of carriage authorised under such charterparties.

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

The Group has taken the view, which Counsel has confirmed, that this provision makes payment of a Cargo Claim as defined under clause 3 of the Agreement a condition precedent to a right to indemnity. Share Facebook Twitter Linked In. In turn, the disponent owners provided counter security to the head owners on the basis of Clause 9 of the ICA which provides a reciprocal obligation for provision of security by a party to a charterparty once security in respect of a cargo claim is provided by its counter-party.


Head owners chartered their vessel to the claimant disponent owners who, in turn, chartered to the respondent charterers. Commentary This is a significant decision perhaps more so because leave to appeal was refused which may have considerable consequences. 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.

This is because the relevant wording is commonly used in fixtures and some parties including their liability insurers may be caught by surprise if they realise that there is a risk that some provisions of the ICA are not applicable. Although this conclusion was reached in arbitration and is therefore not a legally binding precedent, this may prompt others to challenge security requests on similar grounds.

The Security Provision has been incorporated agreemebt the Agreement as clause 9. Inter-Club Agreement as amended 1 September Instead, only the provisions relating to the apportionment of liability were effectively incorporated.

The relevant facts were quite straightforward. It took the form of re-arranging the text in a more logical way and:. Both charterparties included the following wording: We’ve updated our Cookies Policy. In the meantime, Members or clients having any questions or requiring assistance are encouraged to contact Gard.