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Inter-Club Agreement (ICA) 1996 – Clause (8)(d) apportionment considered. “Acts” need not be fault based acts to apply a different apportionment regime.

February 2 2017

Inter-Club Agreement (ICA) 1996 – Clause (8)(d) apportionment considered. “Acts” need not be fault based acts to apply a different apportionment regime.

The MV YANGTZE XING HUA [2016] EWHC 3132 Comm.

In considering the ICA 1996 sweep up provisions at Sub Clause (8)(d) Mr Justice Teare has concluded that an “act” apportioning liability away from a 50/50 split between owner and charterer, need not be fault based under Clause (8)(d).

Simon Wolsey



MV Yangtze Xing Hua - ICA (142.66 kB)

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