“P-I Club/Cargo Ansprich ” … In accordance with interclub New York Produce`s exchange agreement, liability for cargo claims between charterers and owners will be distributed and settled from 1996 and its subsequent modifications. ” a) the right has been filed under a transport contract, whatever its form, the charter parties may have a certain number of delays. Some of them are clearly pointed out, while others are less obvious and are hidden with regard to international conventions that have been incorporated into the Charter or, in insurance agreements, such as the Inter-Club agreement. Defending a cargo claim within time limits for a possible claim for compensation against third parties is always a juggling act. The party charter included a clause of the utmost importance as well as the 2011 version of the Interclub agreement. (10) This agreement is governed by English law and the exclusive jurisdiction of the English courts, unless it is included in the charter part (or the settlement of cargo claims under the charter part is subject to this agreement), in which case it is subject to the laws and rules of jurisdiction of the charter party. The Inter-Club Agreement, also known as the ICA, came into force for the first time on 20 February 1970. This original version was revised first in 1984 and then again in 1996. Currently, the latest version of the ICA 2011. The ICA was originally formulated by the International Group of P-I Clubs (“IG”) as an agreement between IG clubs, as they recommend to their members to settle freight claims between owners and charterers registered in IG Clubs. Once admitted to a charter party, the ICA becomes an agreement between the parties, not their respective clubs.
It was designed to offer a simple mechanism for the allocation of freight rights between owners and charterers, and was intended with the New York Produce Exchange (NYPE) and Asbatime Form Charterparties will be used. “The owners guarantee that the vessel will be registered and will remain in a P-I association for the duration of this charter. The entrance covers, but is not limited to the ordinary coverage of freight rights. In the event of damage and/or loss of the cargo carried on the vessel to which the owners and/or charterers could be implicated in the conditions of that party to charter, the owners and/or charterers, upon request, grant a reasonable extension of time for the start of the trial in each case. These extensions do not affect the final liability of both parties. Responsibility for cargo claims between charterers and owners will be distributed and settled in accordance with Interclub New York Produce`s 1996 exchange agreement and subsequent amendments. For example, if the cargo is discovered damaged at the unloading port on the day of unloading, January 1, 2020, the parties have two years from that date to notify the other party in accordance with the provisions of the ICA. If the underlying freight claim is settled after august 1, 2021 between the owners and the freight units, the deadline for opening proceedings against charterers with respect to the ICA`s right to compensation does not expire until that date and expires on July 31, 2027. The Tribunal found that prior to the introduction of Term 9 in 2011, section 35 would have covered the interests of both parties.