Inter-Club Agreement and time-barring of claims

In M H Progress Lines SA v Orient Shipping Rotterdam BV (The ‘Genius Star 1’) [2011] EWHC 3083 (Comm), Teare J resolved the frequently occurring conflict between the time bar for bringing cargo claims under the Inter-Club Agreement 1996 where that document has been incorporated in a charterparty, and the terms of the charterparty which may include a shorter time bar and stricter claims provisions.

Edward Yang Liu Legal Assistant, Reed Smith Richards Butler

The facts

M H Progress Lines SA, owners of the vessel Genius Star 1, appealed with the leave of the court pursuant to s69 of the Arbitration Act 1996. The award was made in two related but not consolidated references determining preliminary issues arising in both references concerning the interplay between the Inter-Club Agreement 1996 (‘ICA 96’) and an amended Centrocon arbitration clause.