The Inter-Club Agreement is a means of apportioning cargo liability claims between owners and charterers. The Agreement will shortly incorporate a provision creating entitlement to security on the basis of reciprocity rather than requiring a cargo claim to have been paid. This revision will enhance co-operation between contracting owners and charterers and reduce time and costs incurred in cargo claim disputes. The amended Agreement takes effect from 1st September 2011. The Club recommends its incorporation into all NYPE and Asbatime charterparties going forward
Under new US Coast Guard requirements, tank vessel response plans must cite an oil spill response organisation (OSRO) with capability for applying dispersants by air. MSRC has amended its service agreement for tank vessels by addition of a 'dispersant addendum' which contains indemnities that do not conform to the International Group's US VRP guidelines. Details of additional market cover are available from the Managers. No such addendum has been introduced by NRC at this time. There is no similar requirement for non tank vessels and most VRPs for non tank vessels are therefore unlikely to refer to dispersant capability in their citation of MSRC, in which case no action is required. Members should, however, confirm this by directly checking their VRPs or consulting their plan writers.
The outstanding detailed rules relating to China's recent marine pollution legislation have now been issued. The Club recommends Members do not enter into arrangements with a clean-up contractor until the "approved" list is made available. A model mandatory contract is attached to this circular by annex. This circular refers to previous circulars
Some charterers are seeking to introduce a clause that is potentially prejudicial to owners P&I cover. It seeks to impose responsibility upon an owner for all P&I liabilities even where the charterer is wholly at fault and bars any recourse claims against those charterers. Members are advised to refuse such clauses or face a significant uninsured liability
The International Maritime Organization (IMO) has issued a circular letter advising shipmasters to comply with the latest navigational warnings issued by the NAVAREA XI Coordinator (Japan), in the wake of damage to the Fukushima Daiichi Nuclear Power Plant in Japan.
The additional premium system for tankers carrying persistent oil to or from the United States will continue for the 2011 policy year. Rates have been reduced by 12.5 per cent.
Limit on Special War Risks P&I cover for 2011 policy year remains US$500 million. "Bio-Chem" exclusion remains and a supplementary cover for "Bio-Chem" risks in respect of crew & legal
Club retention maintained at US$8 million for 2011. Pooling retention increased to US$60 million for 2011. Oil pollution claims remain subject to a special limit under Rule 5B(ii) of US$1,000 million for owned ships. War risks P&I and US voyage surcharge premiums reported separately in Club circulars 1/11 and 2/11. Charterers P&I cover limited to sums recoverable from reinsurers for claims in excess of US$100 million.
Recommended pollution charterparty clauses were circulated to Members in 1990 in response to prospective oil pollution legislation in the United States of America and amended and consolidated in 1996 and 2008.
The Club's recommended pollution clause for tanker charterparties relating to COFRs has been amended. The updates address uncertainties regarding the scope of charterers indemnity under the original clause. The new clause text is provided in the Annexe to this circular
