Inter-Club Agreement (ICA)

The Inter-Club New York Produce Exchange Agreement (ICA) is a mechanical apportionment of paid cargo claims between owners and time charterers, formulated by the International Group of P&I Associations in 1970. The current text is the ICA 2011 (as amended July 2025), made on 14 July 2025.

Clause 1 applies the agreement to charter parties on the New York Produce Exchange Form 1946 or 1993, or the Asbatime Form 1981, or any subsequent amendment of those forms, so it is a dry cargo instrument and does not apply to tanker charters. Clause 8 apportions by cause: unseaworthiness or error in navigation or management falls 100% on owners, cargo handling falls 100% on charterers or 50/50 where the words “and responsibility” are added in clause 8, and shortage, overcarriage and all other claims split 50/50 subject to a clear and irrefutable evidence exception. Clause 6 bars recovery unless written notification is given within 24 months, extended to 36 months where the Hamburg Rules apply compulsorily.

The full article will cover the agreement clause by clause, the clause 4 preconditions and what counts as a material amendment, the security provisions in clause 9, the July 2025 amendment to clauses 3(c) and 4(c) on defence costs and settlement, and the arbitration decisions applying it.