Ica Inter Club Agreement

Freight interest claimed $900,000 in damages from Head Owners. After an imminent arrest, the club ensured the safety of the superior owners in the form of a declaration of commitment. The decision concerned a communication which, on its face, did not resemble a usual notification by the ICA, since it was provided by the charterers before the unloading of the cargo and, consequently, the interests of the cargo were informed of the injury, let alone asserted a right to loading; (b) did not state that it was an ICA communication; (c) concern in the first place owners and charterers who organise a joint visit at the time of dismissal; and (d) did not contain certain mandatory particulars prescribed by the ICA. If, for example, on the day of discharge, 1 January 2020, the date on which damaged cargo is detected at the port of unloading, the parties have from that date a period of two years to notify the other party, in accordance with the conditions of the ICA. When the underlying freight right is subsequently settled on 1 August 2021 between the owners and the interests of the freight, the time limit for initiating proceedings against the charterer concerning the ICA`s right to compensation does not start to run until that date and expires on 31 July 2027. Comments: Although they are primarily intended for use with these parties: the parties, if they so wish, may, by agreement, 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. The declaration of ICA claims is an important consideration for P&I clubs that wish to build up adequate reserves for the declared right. This is, of course, why the ICA expressly provides for such communications, which imposes information that communications must contain and requires that non-termination prevent a claim from being invoked at a later date. (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. “As you know, there was an accident on [the ship] where the crew injected seawater into the cargo hold instead of pumping it. That is why we fully take care of the owners for all claims and costs arising from the negligence of the crew. We will arrange a surveyor at the port of unloading to protect the interests [of the charterer], so please, please let him know if you wish to agree on a joint survey.

Please confirm receipt of this message. “The owners guarantee that the vessel will be and will remain registered in a P&I group for the duration of this charter. The entry includes, among other things, the usual coverage of loading fees. In the event of damage and/or loss of the cargo carried on the ship, which could affect the liability of the owners and/or charterers under the conditions of that party, the owners and/or charterers shall, upon request, grant an extension of reasonable time for legal action for each occurrence. Such extensions shall not affect the final liability of both parties. Liability for claims between charterers and owners is allocated/regulated in accordance with the Interclub New York Produce Exchange Agreement, which will come into effect in 1996, and its subsequent amendments. The Tribunal found that the disclosure fulfilled the first obligation, as it clarified to the owners that they were “held fully liable for all claims and costs resulting from the negligence of the crew” in the event of a claim for cargo interest. . . .

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