Charles Priday and Sushma Ananda (instructed by Fishers, Solicitors) for Essar
'''INTER-CLUB AGREEMENT: INTERPRETATION OF PROVISO TO CLAUSE 8(B): WHETHER A PROVISION TO “SIMILAR EFFECT” AS THE ADDITION OF THE WORDS “AND RESPONSIBILITY” TO CLAUSE 8 MUST TRANSFER RESPONSIBILITY FOR ALL CARGO HANDLING OPERATIONS TO OWNERS: WHETHER TRANSFER OF ONE ASPECT OF CARGO OPERATIONS – SUCH AS STOWAGE - SUFFICIENT'''
'''Summary'''
'''FOR CHARTERERS TO OBTAIN A For charterers to obtain a 50/50 APPORTIONMENT FOR CARGO LIABILITY BETWEEN THEMSELVES AND THE OWNERS ON GROUNDS OF THE FIRST PROVISO TO CLAUSE apportionment for cargo liability between themselves and the owners on grounds of the first proviso to clause 8(Bb) OF THE INTERof the Inter- CLUB NEW YORK PRODUCE EXCHANGE AGREEMENT Club New York Produce Exchange Agreement 1996 (THE “INTERthe “Inter-CLUB AGREEMENT OR Club Agreement or ICA”), THE CHARTERPARTY MUST CONTAIN A PROVISION WHICH IS CLEARLY INTENDED TO PASS COMPLETE RESPONSIBILITY FOR CARGO HANDLING TO THE SHIPOWNERSthe charterparty must contain a provision which is clearly intended to pass complete responsibility for cargo handling to the shipowners. A PARTIAL TRANSFER OF RESPONSIBILITYpartial transfer of responsibility, OR RESPONSIBILITY FOR A PARTICULAR ASPECT OF CARGO HANDLING or responsibility for a particular aspect of cargo handling (SUCH AS STOWAGEsuch as stowage), WILL NOT BE SUFFICIENT TO ENGAGE THE will not be sufficient to engage the ICA 8(Bb) PROVISOproviso.'''
Case Note contributed by James Kyne, LLB, MBA, Solicitor of England & Wales, podcaster at The Shipping Lawcast, and International Contributor to DMC’s CaseNotes
