Latest Interclub Agreement

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Dec 112020
 

Notes: While the main objective is to use these chartered parts, the parties may, if they wish, incorporate into other forms of chartering by agreement. However, this should be done with caution, as not all charter forms are compatible and there may be disagreements. As the new agreement will come into effect on September 1, 2011, we recommend that you include it in all NYPE and Asbatime charter lots. The written notification of the cargo claim under clause (6) of the 1996 NYPE inter-club and its amendment in 2011 must not contain information on the amount of the cargo and the amount of the claim. It will be clarified in the latest London Arbitration 3/20. 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.

Comments: In order for a right to be recovered under the ICA, the underlying rights must have been invoked in the context of a transport contract that was authorized after the charter holiday, i.e. a letter of car issued under the charter part was not issued in this manner in violation of the conditions of the charter party in power. The term “transportation contract” is very broad and, therefore, ICA rights can arise under all types of transport contract, including car letters, shipping letters, chartered lots or even under-chartered parts. Considering that the ICA is a trade agreement, the courts often do not agree that a Ladais law has not been issued under the terms of the C/P and is not, as such, “unauthorized” for the purposes of the ICA – see London Arbitration 3/13.

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