The recent decision of the Commercial Court in the “Genius Star 1” [2011] EWHC 3083 confirms that where there are multiple and conflicting time bar provisions in a charterparty, the Inter-Club Agreement (“ICA”) two-year limitation will prevail.  The judge placed weight on the provision in clause (2) of the ICA 1996 that “the terms of this Agreement shall apply notwithstanding anything to the contrary in any other provision of the charterparty”, in holding that the requirements in the charterparty that a claim be made in writing and arbitration commenced within 12 months of final discharge were contrary to the provision of the ICA that written notification of the claim be given in writing within 24 months of the date of delivery, and that the latter should prevail. 

Although the decision is based on the wording of the ICA 1996, the same wording appears in the new ICA 2011 and, accordingly, the decision, which confirms what the position was understood to be previously, brings clarification to this area going forward.