Appendix II, Rule 3 Consortium claims
Consortium agreement: Any arrangement under which a Member agrees with other parties to the reciprocal exchange or sharing of cargo space on the entered ship and consortium ships.
Consortium ship: A ship or space thereon, not being the entered ship, employed to carry cargo under a consortium agreement.
Consortium claim: A claim shall be a consortium claim where:
(a) it arises under a P&I entry of an insured ship; and
(b) it arises out of the carriage of cargo on a consortium ship; and
(c) the Member and the operator of the consortium ship are parties to a consortium agreement; and
(d) at the time of the entry of the Member in respect of consortium claims, the Member employs an insured ship pursuant to that consortium agreement.
Unless otherwise agreed the Association is not liable for consortium claims.
A consortium agreement must be submitted and approved by the Association.
The Association’s liability in respect of a consortium claim shall be limited to such sum or sums and be subject to such terms and conditions as the Association may from time to time determine and the aggregate amount recoverable from the Association and/or all other Associations participating in the Pooling Agreement for consortium claims arising out of one and the same incident or occurrence shall not exceed that limit.
The aggregate of all claims recoverable from the Association or and/or all other associations participating in the Pooling Agreement from any one consortium ship shall not exceed USD 350 million any one event.
Rules & Exceptions
For comments relating to Appendix II Rules 1-3, see the comments for Rule 3 Section 6, Rule 3.1.13 and the chapter on Charterers’ Liability.