347. M.H. Progress Lines SA v Orient Shipping Rotterdam BV (the “Genius Star 1”) [2011] EWHC 3083 (Comm)

Interclub Agreement 1996 – timebar clause in Interclub Agreement given precedence over timebar clause in charterparty

The facts

The head charter was on an amended NYPE 1946 form and was for a period of two years +/- one month in charterers’ option with a further optional third year.  A sub-charter was concluded for a single trip time charter duration 20/25 days.

Clause 26 of the head charter read as follows:  “… charterers to pay any extra crew war bonus, crew and all other matters, all cargo claims to be settled as per NYPE Interclub agreement 1996 and any amendments thereto, same as when trading for their own account”

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