Lloyd's Maritime Law Newsletter

Charterparty – NYPE Interclub Agreement – Shipowners compromising cargo claim brought by insurers of cargo receivers – Shipowners bringing claim against charterers for apportionment – Applicable version of Interclub Agreement – Whether shipowners’ claim was a “Cargo Claim” – Whether claim was “properly settled” – Whether shipowners entitled to 100 per cent apportionment on basis that damage was caused by inherent vice – Whether shipowners entitled to 100 per cent apportionment on basis that damage arose out of charterers’ act in loading an unstable cargo – Whether “clear and irrefutable evidence” that alleged damage was attributable to the act or neglect of either party – Whether apportionment should be 100 per cent or 50/50