Official blog of Swansea University's IISTL, where we keep you up to date with the latest maritime and commercial legal news.
Incorporation of Inter-Cub Agreement into time charter. Does it bring in the ICA’s security provisions?
If your charter incorporates the provisions of the Interclub NYPE Agreement 2011 don’t assume that everything in the agreement is brought into the charter. It all depends on the wording of incorporation, as owners found out in London Arbitration 18/18. Owners sought counter-security from charterers pursuant to the provisions of cl.9 of the ICA 2011. Clause 35 of the time charter provided “…Liability for cargo claims, as between Charterers and Owners, shall be apportioned/settled as specified by the Interclub New York Produce Exchange Agreement effective from 1996 and its subsequent amendments (Tribunal’s emphasis).”The Tribunal held that the incorporating words in the time charter brought into the charter only those parts of the ICA relating to apportionment and settlement. The incorporating words did not bring in the ICA’s provision relating to security for claims.
Professor Simon Baughen was appointed as Professor of Shipping Law in September 2013 (previously Reader at the University of Bristol Law School). Simon Baughen studied law at Oxford and practised in maritime law for several years before joining academia. His research interests lie mainly in the field of shipping law, but also include the law of trusts and the environmental law implications of the activities of multinational corporations in the developing world. Simon's book on Shipping Law, has run to seven editions (soon to be eight) and is already well-known to academics and students alike as by far the most learned and approachable work on the subject. Furthermore, he is now the author of the very well-established practitioner's work Summerskill on Laytime. He has an extensive list of publications to his name, including International Trade and the Protection of the Environment, and Human Rights and Corporate Wrongs - Closing the Governance Gap. He has also written and taught extensively on commercial law, trusts and environmental law. Simon is a member of the Institute of International Shipping and Trade Law, a University Research Centre within the School of Law, and he currently teaches at Swansea on the LLM in:Carriage of Goods by Sea, Land and Air; Charterparties Law and Practice; International Corporate Governance.
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