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Inter-Club Agreement (ICA)

A5. Maritime Law, private and commercial

Definition

Apportionment of cargo claims between owner and charterer under NYPE.

The Inter-Club New York Produce Exchange Agreement is a mechanical formula, agreed among the International Group P&I clubs, for splitting cargo claims between owner and time charterer under NYPE and ASBATIME forms. The current 1996 version (amended 2011) allocates by the cause of the claim: unseaworthiness and bad navigation to owners, loading, stowage, and discharge to charterers, with shortage and contamination split 50/50 unless clear fault shifts it. It overrides the general law of cargo-claim allocation by contract.

Source: Inter-Club NYPE Agreement 1996 (as amended 2011)