БИМКО принял новую редакцию арбитражной оговорки, которая будет введена во все документы, которые будут утверждаться и изменяться БИМКО. Здесь приводится текст пересмотренной оговорки о применимом английском праве и арбитраже в Лондоне.
This is a minor update to the English law, London arbitration section of the BIMCO
Dispute Resolution Clause 2013. At the request of the London Maritime Arbitrators
Association (LMAA) the Intermediate Claims Procedure wording has been removed
from the English law/London arbitration section.
There are no other changes to the Clause.
The amended wording will be incorporated into all new and revised BIMCO documents
as part of the full BIMCO Dispute Resolution Clause that provides options to arbitrate
in London, New York, Singapore or an alternative venue chosen by the parties. The full
Clause will be known as the BIMCO Dispute Resolution Clause 2015 and will supersede
the 2013 edition.
The text of the revised English law, London arbitration part of the Clause is as follows:
BIMCO Dispute Resolution Clause 2015
English law, London arbitration
(a) This Contract shall be governed by and construed in accordance with English law
and any dispute arising out of or in connection with this Contract shall be referred to
arbitration in London in accordance with the Arbitration Act 1996 or any statutory
modification or re-enactment thereof save to the extent necessary to give effect to the
provisions of this Clause.
The arbitration shall be conducted in accordance with the London Maritime Arbitrators
Association (LMAA) Terms current at the time when the arbitration proceedings are
commenced.
The reference shall be to three arbitrators. A party wishing to refer a dispute to
arbitration shall appoint its arbitrator and send notice of such appointment in writing
to the other party requiring the other party to appoint its own arbitrator within
fourteen (14) calendar days of that notice and stating that it will appoint its arbitrator
as sole arbitrator unless the other party appoints its own arbitrator and gives notice
that it has done so within the fourteen (14) days specified. If the other party does not
appoint its own arbitrator and give notice that it has done so within the fourteen (14)
days specified, the party referring a dispute to arbitration may, without the
requirement of any further prior notice to the other party, appoint its arbitrator as sole
arbitrator and shall advise the other party accordingly. The award of the sole arbitrator
shall be binding on both parties as if he had been appointed by agreement.
Nothing herein shall prevent the parties agreeing in writing to vary these provisions to
provide for the appointment of a sole arbitrator.
In cases where neither the claim nor any counterclaim exceeds the sum of USD
100,000 (or such other sum as the parties may agree) the arbitration shall be
conducted in accordance with the LMAA Small Claims Procedure current at the time
when the arbitration proceedings are commenced.
(b) Notwithstanding the above, the parties may agree at any time to refer to
mediation any difference and/or dispute arising out of or in connection with this
Contract.
In the case of a dispute in respect of which arbitration has been commenced under the
above, the following shall apply:
(i) Either party may at any time and from time to time elect to refer the dispute or
part of the dispute to mediation by service on the other party of a written notice
(the “Mediation Notice”) calling on the other party (or parties) to agree to
mediation.
(ii) The other party (or parties) shall thereupon within fourteen (14) calendar days of
receipt of the Mediation Notice confirm that they agree to mediation, in which
case the parties shall thereafter agree a mediator within a further fourteen (14)
calendar days, failing which on the application of either party (or parties) a
mediator will be appointed promptly by the Arbitration Tribunal (“the Tribunal”)
or such person as the Tribunal may designate for that purpose. The mediation
shall be conducted in such place and in accordance with such procedure and on
such terms as the parties may agree or, in the event of disagreement, as may be
set by the mediator.
(iii) If the other party (or parties) does (do) not agree to mediate, that fact may be
brought to the attention of the Tribunal and may be taken into account by the
Tribunal when allocating the costs of the arbitration as between the parties.
(iv) The mediation shall not affect the right of either party (or parties) to seek such
relief or take such steps as it considers necessary to protect its (their) interest.
(v) A party (or parties) may advise the Tribunal that they have agreed to mediation.
The arbitration procedure shall continue during the conduct of the mediation but
the Tribunal may take the mediation timetable into account when setting the
timetable for steps in the arbitration.
(vi) Unless otherwise agreed or specified in the mediation terms, each party (or 3
parties) shall bear its own costs incurred in the mediation and the parties shall
share equally the mediator’s costs and expenses.
(vii) The mediation process shall be without prejudice and confidential and no
information or documents disclosed during it shall be revealed to the Tribunal
except to the extent that they are disclosable under the law and procedure
governing the arbitration.
(Note: The parties should be aware that the mediation process may not necessarily
interrupt time limits.)
Grant Hunter
Chief Officer Legal and Contractual Affairs
BIMCO
12 January 2015
E-mail: documentary@bimco.org
Источник: https://www.bimco.org/~/media/Chartering/Special_Circulars/SC2015_02.ashx