ABSTRACT
The loading of the cargo had been carried out under the direction of the Charterer's supercargo; and the arbitrators had found that the cause of the loss was the insufficiency of the lashings. Inter-Club Agreement (ICA) 1970 stated in terms two conditions precedent for its application: that the cargo claim should have been 'properly settled or compromised'; and that the cargo should have been carried under a bill of lading incorporating terms no less favourable than the Hague or Hague-Visby Rules. The cargo claims covered by ICA 1970/1984 were restricted to physical damage or shortage; but ICA 1996 broadened its definition to cover 'claims for loss, damage, shortage, overcarriage of or delay to cargo, including customs dues or fines in respect of such loss, damage, shortage, overcarriage or delay'. The settlement of the cargo claim lies exclusively in the hands of the defendant, Party A, without any reference to Party B.
