CHARTER PARTIES

GENCON – Clause 19

Law and Arbitration

CLAUSE 19

19. Law and Arbitration		382
*	(a) This Charter Party shall be governed by and construed in accordance with	383
	English law and any dispute arising out of this Charter Party shall be referred to	384
	arbitration in London in accordance with the Arbitration Acts 1950 and 1979 or	385
	any statutory modification or re-enactment thereof for the time being in force.	386
	Unless the parties agree upon a sole arbitrator, one arbitrator shall be	387
	appointed by each party and the arbitrators so appointed shall appoint a third	388
	arbitrator, the decision of the three-man tribunal thus constituted or any two of	389
	them, shall be final. On the receipt by one party of the nomination in writing of	390
	the other party's arbitrator, that party shall appoint their arbitrator within	391
	fourteen days, failing which the decision of the single arbitrator appointed shall	392
	be final.	393
	For disputes where the total amount claimed by either party does not exceed	394
	the amount stated in Box 25** the arbitration shall be conducted in accordance	395
	with the Small Claims Procedure of the London Maritime Arbitrators	396
	Association.	397
*	(b) This Charter Party shall be governed by and construed in accordance with	398
	Title 9 of the United States Code and the Maritime Law of the United States and	399
	should any dispute arise out of this Charter Party, the matter in dispute shall be	400
	referred to three persons at New York, one to be appointed by each of the	401
	parties hereto, and the third by the two so chosen; their decision or that of any	402
	two of them shall be final, and for purpose of enforcing any award, this	403
	agreement may be made a rule of the Court. The proceedings shall be	404
	conducted in accordance with the rules of the Society of Maritime Arbitrators,	405
	Inc..	406
	For disputes where the total amount claimed by either party does not exceed	407
	the amount stated in Box 25** the arbitration shall be conducted in accordance	408
	with the Shortened Arbitration Procedure of the Society of Maritime Arbitrators,	409
	Inc..	410
*	(c) Any dispute arising out of this Charter Party shall be referred to arbitration at	411
	the place indicated in Box 25, subject to the procedures applicable there. The	412
	laws of the place indicated in Box 25 shall govern this Charter Party.	413
	(d) If Box 25 in Part 1 is not filled in, sub-clause (a) of this Clause shall apply.	414
*	(a), (b) and (c) are alternatives; indicate alternative agreed in Box 25.	415
**	Where no figure is supplied in Box 25 in Part 1, this provision only shall be void but	416
	the other provisions of this Clause shall have full force and remain in effect.	417

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