Interclub Agreement Definition

(10) This Agreement is governed by English law and falls under the exclusive jurisdiction of the English courts, unless it is incorporated into the Charter Party (or the settlement of freight claims under the Charter Party is subject to this Agreement), in which case it is subject to the laws and judicial provisions applicable to the Charterer Party. Comments: Although they are primarily designed for use with these charter parties, the parties may, if they wish, incorporate other forms of party into the charter. However, this should be done with caution, as not all forms on the charter party are as compatible and inconsistencies may arise. Comments: In order for a claim to be recovered under the ICA, the underlying rights must have been made from a contract of carriage approved by the party to the charterer, that is, a bill of lading contract issued was not issued in violation of the applicable terms of the party to the charter. The term “contract of carriage” is very broad and the rights of the ICA can therefore derive from any type of contract of carriage, including bills of lading, sea waybeds, charter parties or even sub-charters. Since the ICA is a commercial agreement, courts often do not find that a bill of lading has not been issued in accordance with the terms of the C/P and as such is “not authorized” for the purposes of the ICA – see London Arbitration 3/13. The inter-club agreement, also known as the ICA, first entered into force on 20 February 1970. This original version was first revised in 1984 and again in 1996. Currently, the latest version is the ICA 2011. The ICA was originally drafted by the International Group of P&I Club (“the IG”) as an agreement between IG clubs, as they will recommend to their members to settle freight fees between owners and charterers registered in IG Clubs. Once incorporated into a charter party, the ICA becomes an agreement between the parties, not their respective clubs.

It was designed to provide a simple mechanism for sharing freight rights between owners and charterers, and should be used with the New York Produce Exchange (NYPE) and Asbatime Form Charterparties. The Court also pointed out that the ICA was conceived as a simple mechanical regime for the distribution of claims on freight, which primarily benefited the parties` non-life and insurance insurers, the distribution being defined in a simple framework which had the character of a “Knock for Knock” agreement. Once the other party`s claim has been communicated, time is protected. Under English law, the limitation period for parties to the opening of formal proceedings is the same as for offences under the Limitation Act 1980, i.e. six years from the date on which the plea aed aed aed. Agile Holdings Corporation v. Essar Shipping Ltd (The “Maria”) [2018] EWHC 1055 (Comm) There are many jurisdictions over the allocation of freight rights in different circumstances, for example, the “Yangtze Xing Hua” – QBD (Comm Ct) (Teare J) [2016] EWHC 3132 (Comm), which examined whether the word “act” in 8(d) required an error…