Kuwait - Time Bars
Claims arising out of contract of carriage-cargo claims against the carrier for damage/shortage, carrier claims against the cargo owners for freight, damage of his cargo to other cargoes or the vessel | One year from the date of delivering the cargo |
Claims arising outside the contract of carriage- demurrage, detention, storage, terminal costs | 10 years from the date of obligation |
Tortious Claims | 3 years |
Fraud | 5 years from the date of the crime |
Latent damage claims - negligence excluding personal injury | 3 years from the date of determining who is responsible or from the date of injury |
Personal Injury | 1 year from the date of injury |
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White House Makes Enforcement of Rule Against Unjust Detention and demurrage Practices a Priority
02/08/2021
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United States – Time Bars
22/07/2019
Like some other countries, the United States is a federal jurisdiction consisting of a national government and fifty states. Maritime law is almost exclusively federal statutory or judge-made law but state law is also relevant in certain respects.
The purpose of the ICA is to avoid lengthy and costly litigation on matters of liability and apportionment, and instead seeks to provide a ‘rough and ready’ split of liability between the parties. The Clubs recommend to their Members that they adopt the Agreement for the purpose of apportioning liability for claims in respect of cargo which arise under, out of or in connection with all charterparties on the NYPE Form 1946 or Asbatime Form 1981, whether or not this Agreement has been incorporated into such charterparties. However, unless the ICA is specifically incorporated into the charterparty, it may not be enforceable.