Dispute Resolution Clause 2016 - US Law, New York Arbitration
Posted:
17 October 2016
Overview
Venue-based clause (for use when incorporating an agreed choice of law and arbitration into a charter party or other agreement).
Dispute Resolution Clause 2016 - US Law, New York Arbitration
BIMCO Standard Dispute Resolution Clause 2016 - US Law, New York Arbitration
This Contract shall be governed by US maritime law or, if this Contract is not a maritime contract under US law, by the laws of the State of New York. Any dispute arising out of or in connection with this Contract shall be referred to three (3) persons at New York, one to be appointed by each of the parties hereto, and the third by the two so chosen. The decision of the arbitrators or any two of them shall be final, and for the purposes of enforcing any award, judgment may be entered on an award by any court of competent jurisdiction. The proceedings shall be conducted in accordance with the SMA Rules current as of the date of this Contract.
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 SMA Rules for Shortened Arbitration Procedure current as of the date of this Contract.
Related clauses
-
- BIMCO Standard Dispute Resolution Clause 2016
- BIMCO Standard Dispute Resolution Clause 2017 (Developed to re-introduce of the LMAA Intermediate Claims Procedure)
Related Help & Advice
Create or edit a contract
The one-stop digital shop for all the standard maritime contracts and clauses you’ll ever need.
Alternative arbitration centres
BIMCO recognises that there is a growing number of newer maritime arbitration venues offering their services to the industry. To assist users who wish to resolve their disputes using arbitration services outside the main London, New York and Singapore venues, BIMCO has prepared a list of links to alternative arbitration centres where users can find out more information about these venues.
Related publication
Check Before Fixing
This publication builds upon decades of BIMCO’s experience as the world leader in developing standard shipping contracts and clauses and its daily practic...
Related training
Charter Party Workshop Online
- Online, Online
- 27 January, 2025
The Charter Party Workshop (Masterclass) Online is a series of 10 online sessions and combines a range of lecturers on voyage and time chartering with sessions ...
Latest Related News
-
BIMCO adopts portfolio of four ETS clauses
The shipping industry is facing an increase in new regulations from the International Maritime Organization (IMO) and the European Union (EU) and an increase in the urgency to decarbonise. To support the industry, BIMCO has developed a portfolio of new emission trading scheme (ETS) clauses.
-
BIMCO adopts new CII clause for Voyage Charter Parties
The shipping industry is facing an increase in new regulations from the International Maritime Organization (IMO) and the European Union (EU) and an increase in the urgency to decarbonise. To support the industry, BIMCO has developed a new CII Clause for Voyage Charter Parties. The clause was adopted by BIMCO’s Documentary Committee on 11 October and is the latest addition to BIMCO’s portfolio of carbon clauses.
-
BIMCO’s CII clause adopted
The BIMCO Documentary Committee has adopted a CII Operations Clause for Time Charter Parties which will help the industry commercially navigate the complexities of the new CII regulations from the International Maritime Organization (IMO).
-
Fumigation
BIMCO providing information and guidance relating to fumigation of cargoes that are shipped under the IMSBC Code, the Grain Code and the IMDG Code.
-
Bottom fouling
From time to time, BIMCO is approached by members enquiring about responsibility for the cleaning of a ship’s underwater parts when it has been idle at a port for a long time pursuant to the orders of the time charterers.
ELSEWHERE ON BIMCO
Holiday calendar
BIMCO's Holiday Calendar covers general holidays in over 150 countries, plus local holidays and working hours in more than 680 ports around the world.
Learn about your cargo
For general guidance and information on cargo-related queries.
