Go
X

Menu Search BIMCO Basket
Home X

Reduce the duration and costs of disputes with BIMCO’s new Mediation/Alternative Dispute Resolution Clause

  1. Insights and information
  2. Contracts
  3. New mediation ADR clause
Lawyers providing legal advice to clients

Reduce the duration and costs of disputes with BIMCO’s new Mediation/Alternative Dispute Resolution Clause

Published: 20 December 2021

BIMCO has developed a new Mediation/Alternative Dispute Resolution Clause 2021. The clause promotes and facilitates the use of alternative dispute resolution (ADR).

Mediation and alternative dispute resolution (ADR) have proven to be an effective way to solve disputes between contractual parties by reducing costs, saving time and protecting the commercial relationship. To provide the industry with a clause that promotes and facilitates the use of alternative dispute resolution, BIMCO has developed the Mediation/Alternative Dispute Resolution Clause 2021.

“The intention of BIMCO and the subcommittee in drafting the clause has been to give commercial parties a suite of options to solve disputes amicably at an early stage which can help them to operate their contracts sensibly, maintain their commercial relationship and save valuable management time and legal costs,” says Simon Spark, acting Deputy General Counsel at Oldendorff Carriers.

Spark chaired the drafting team that developed the clause and was joined by Clive Aston (London Maritime Arbitrators Association), Henning Babiel (ADM), Magdalene Chew (AsiaLegal LLC), LeRoy Lambert (Society of Maritime Arbitrators, New York), Edward Liu (Hill Dickinson, Hong Kong), Andrea Skeoch (North P&I) and Claus Stahl (Maersk Broker).

The clause, which is intended to replace the BIMCO Mediation Clause 2020, encompasses all types of ADR and therefore allows for traditional mediation as well as, for example, early intervention mediation and early neutral evaluation. Thes can be used at any time during the dispute – whether before or after any arbitration proceedings have been launched.

The clause is accompanied by explanatory notes and is available here.
Christian Hoppe

CONTACT BIMCO

Christian Hoppe

General Counsel

Copenhagen, Denmark

More from CONTRACTS