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
Commercial Law
Nature of ClaimTime Bar
Claims arising outside the contract of carriage- demurrage, detention, storage, terminal costs
10 years from the date of obligation
Civil Law
Nature of ClaimTime Bar
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
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.
Time bars under contract of carriage in contract and in tort for both personal injury and latent damage claims are governed by the Libyan civil law as follows;
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.
