TRANSGRAIN SHIPPING (SINGAPORE) PTE LTD v YANGTZE NAVIGATION (HONG KONG) CO LTD [2016] EWHC 3132 This was an appeal from an LMAA arbitration award, considering the true construction of clause 8(d) of the Inter-Club Agreement 1996 (“ICA”); specifically, whether the meaning of the term “act” in the phrase “act or neglect” should be restricted to … Continue Reading
London Arbitration 3/13 The vessel was chartered on the NYPE 1996 form, which incorporated the Inter Club Agreement (ICA). Following discharge of a cargo of bagged wheat flour, cargo interests alleged that the cargo was damaged and in part shortlanded, and claimed against Charterers for US$187,000.60. US$134,222.54, i.e. 72%, of the claim related to short … Continue Reading
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 … Continue Reading
