MH Progress Lines SA v Orient Shipping Rotterdam BV (The “Genius Star 1”) – QBD (Com Ct)(Teare J) – 28 November 2011

Charterparty – NYPE form – Charterparty incorporating NYPE Interclub Agreement – Time bar – Charterparty expressly providing that claims to be made within 12 months of final discharge – NYPE Interclub Agreement providing that claims barred unless notified in writing within 24 months of delivery of cargo – Whether 12 months or 24 months limit applied to cargo claim

The vessel Genius Star 1 was chartered by the claimant owners to Orient Shipping (“the head charterers”) on an amended NYPE 1946 form. Clause 26 provided: