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Sample_Copy_GENCON_94

RECOMMENDED

THE BALTIC AND INTERNATIONAL MARITIME COUNCIL

UNIFORM GENERAL CHARTER (AS REVISED 1922, 1976 and 1994)

(To be used for trades for which no specially approved form is in force)CODE NAME: "GENCON"

Part I

Signature (Owners)

Signature (Charterers)

1. Shipbroker

a) Laytime for loading b) Laytime for discharging

c) Total laytime for loading and discharging 4. Charterers/Place of business (Cl. 1)

2. Place and date

3. Owners/Place of business (Cl. 1)

5. Vessel's name (Cl. 1)

6. GT/NT (Cl. 1)

7. DWT all told on summer load line in metric tons (abt.) (Cl. 1)

9. Expected ready to load (abt.) (Cl. 1)10. Loading port or place (Cl. 1)

11. Discharging port or place (Cl. 1)

12. Cargo (also state quantity and margin in Owners' option, if agreed; if full and complete cargo not agreed state "part cargo") (Cl. 1)

13. Freight rate (also state whether freight prepaid or payable on delivery) (Cl. 4)

14. Freight payment (state currency and method of payment; also beneficiary and

bank account) (Cl. 4)

15. State if vessel's cargo handling gear shall not be used (Cl. 5)16. Laytime (if separate laytime for load. and disch. is agreed, fill in a) and b). If

total laytime for load. and disch., fill in c) only) (Cl. 6)

18. Agents (loading) (Cl. 6)17. Shippers/Place of business (Cl. 6)19. Agents (discharging) (Cl. 6)

20. Demurrage rate and manner payable (loading and discharging) (Cl. 7)

21. Cancelling date (Cl. 9)

23. Freight Tax (state if for the Owners' account) (Cl. 13 (c))

24. Brokerage commission and to whom payable (Cl. 15)

25. Law and Arbitration (state 19 (a), 19 (b) or 19 (c) of Cl. 19; if 19 (c) agreed

also state Place of Arbitration) (if not filled in 19 (a) shall apply) (Cl. 19)

(a) State maximum amount for small claims/shortened arbitration (Cl. 19)26. Additional clauses covering special provisions, if agreed

22. General Average to be adjusted at (Cl. 12)

8. Present position (Cl. 1)

It is mutually agreed that this Contract shall be performed subject to the conditions contained in this Charter Party which shall include Part I as well as Part II. In the event of a conflict of conditions, the provisions of Part I shall prevail over those of Part II to the extent of such conflict.

It is agreed between the party mentioned in Box 3 as the Owners of the Vessel1 1.

named in Box 5, of the GT/NT indicated in Box 6 and carrying about the number2 of metric tons of deadweight capacity all told on summer loadline stated in Box3 7, now in position as stated in Box 8 and expected ready to load under this4 Charter Party about the date indicated in Box 9, and the party mentioned as the5 Charterers in Box 4 that: 6 The said Vessel shall, as soon as her prior commitments have been completed,7 proceed to the loading port(s) or place(s) stated in Box 10 or so near thereto as8 she may safely get and lie always afloat, and there load a full and complete9 cargo (if shipment of deck cargo agreed same to be at the Charterers' risk and10 responsibility) as stated in Box 12, which the Charterers bind themselves to11 ship, and being so loaded the Vessel shall proceed to the discharging port(s) or12 place(s) stated in Box 11 as ordered on signing Bills of L ading, or so near13 thereto as she may safely get and lie always afloat, and there deliver the cargo.14

Owners' Responsibility Claus e15 2.

The Owners are to be responsible for loss of or damage to the goods or for16 delay in delivery of the goods only in case the loss, damage or delay has been17 caused by personal want of due diligence on the part of the Owners or their18 Manager to make the Vessel in all respects seaworthy and to secure that she is19 properly manned, equipped and supplied, or by the personal act or default of20 the Owners or their Manager.21 And the Owners are not responsible for loss, damage or delay arising from any22 other cause whatsoever, even from the neglect or default of the Master or crew23 or some other person employed by the Owners on board or ashore for whose24 acts they would, but for this Clause, be responsible, or from unseaworthiness of25 the Vessel on loading or commencement of the voyage or at any time26 whatsoever.27

Deviation Claus e28 3.

The Vessel has liberty to call at any port or ports in any order, for any purpose,29 to sail without pilots, to tow and/or assist Vessels in all situations, and also to30 deviate for the purpose of saving life and/or property.31

Payment of Freigh t32 4.

(a) The freight at the rate stated in Box 13 shall be paid in cash calculated on the33

intaken quantity of cargo.34

(b)Prepaid. If according to Box 13 freight is to be paid on shipment, it shall be35

deemed earned and non-returnable, Vessel and/or cargo lost or not lost.36 Neither the Owners nor their agents shall be required to sign or endorse bills of37 lading showing freight prepaid unless the freight due to the Owners has38 actually been paid.39

(c)On delivery. If according to Box 13 freight, or part thereof, is payable at40

destination it shall not be deemed earned until the cargo is thus delivered.41 Notwithstanding the provisions under (a), if freight or part thereof is payable on42 delivery of the cargo the Charterers shall have the option of paying the freight43 on delivered weight/quantity provided such option is declared before breaking44 bulk and the weight/quantity can be ascertained by official weighing machine,45 joint draft survey or tally.46 Cash for Vessel's ordinary disbursements at the port of loading to be advanced47 by the Charterers, if required, at highest current rate of exchange, subject to48 two (2) per cent to cover insurance and other expenses.49

Loading/Dischargin g50 5.

(a) Costs/Risks51

The cargo shall be brought into the holds, loaded, stowed and/or trimmed,52 tallied, lashed and/or secured and taken from the holds and discharged by the53 Charterers, free of any risk, liability and expense whatsoever to the Owners.54 The Charterers shall provide and lay all dunnage material as required for the55 proper stowage and protection of the cargo on board, the Owners allowing the56 use of all dunnage available on board. The Charterers shall be responsible for57 and pay the cost of removing their dunnage after discharge of the cargo under58 this Charter Party and time to count until dunnage has been removed.59

(b) Cargo Handling Gear60

Unless the Vessel is gearless or unless it has been agreed between the parties61 that the Vessel's gear shall not be used and stated as such in Box 15, the62 Owners shall throughout the duration of loading/discharging give free use of63 the Vessel's cargo handling gear and of sufficient motive power to operate all64 such cargo handling gear. All such equipment to be in good working order.65 Unless caused by negligence of the stevedores, time lost by breakdown of the66 Vessel's cargo handling gear or motive power - pro rata the total number of67 cranes/winches required at that time for the loading/discharging of cargo68 under this Charter Party - shall not count as laytime or time on demurrage.69 On request the Owners shall provide free of charge cranemen/winchmen from70 the crew to operate the Vessel's cargo handling gear, unless local regulations71 prohibit this, in which latter event shore labourers shall be for the account of the72 Charterers. Cranemen/winchmen shall be under the Charterers' risk and73 responsibility and as stevedores to be deemed as their servants but shall74

always work under the supervision of the Master.75

The Charterers shall be responsible for damage (beyond ordinary wear and77 tear) to any part of the Vessel caused by Stevedores. Such damage shall be78 notified as soon as reasonably possible by the Master to the Charterers or their79 agents and to their Stevedores, failing which the Charterers shall not be held80 responsible. The Master shall endeavour to obtain the Stevedores' written81 acknowledgement of liability.82 The Charterers are obliged to repair any stevedore damage prior to completion83 of the voyage, but must repair stevedore damage affecting the Vessel's84 seaworthiness or class before the Vessel sails from the port where such85 damage was caused or found. All additional expenses incurred shall be for the86 account of the Charterers and any time lost shall be for the account of and shall87 be paid to the Owners by the Charterers at the demurrage rate.88

Laytim e89 6.

(a) Separate laytime for loading and discharging90 *

The cargo shall be loaded within the number of running days/hours as91 indicated in Box 16, weather permitting, Sundays and holidays excepted,92 unless used, in which event time used shall count.93 The cargo shall be discharged within the number of running days/hours as94 indicated in Box 16, weather permitting, Sundays and holidays excepted,95 unless used, in which event time used shall count.96

(b) Total laytime for loading and discharging97 *

The cargo shall be loaded and discharged within the number of total running98 days/hours as indicated in Box 16, weather permitting, Sundays and holidays99 excepted, unless used, in which event time used shall count.100

Laytime for loading and discharging shall commence at 13.00 hours, if notice of102 readiness is given up to and including 12.00 hours, and at 06.00 hours next103 working day if notice given during office hours after 12.00 hours. Notice of104 readiness at loading port to be given to the Shippers named in Box 17 or if not105 named, to the Charterers or their agents named in Box 18. Notice of readiness106 at the discharging port to be given to the Receivers or, if not known, to the107 Charterers or their agents named in Box 19.108 If the loading/discharging berth is not available on the Vessel's arrival at or off109 the port of loading/discharging, the Vessel shall be entitled to give notice of110 readiness within ordinary office hours on arrival there, whether in free pratique111 or not, whether customs cleared or not. L aytime or time on demurrage shall112 then count as if she were in berth and in all respects ready for loading/113 discharging provided that the Master warrants that she is in fact ready in all114 respects. Time used in moving from the place of waiting to the loading/115 discharging berth shall not count as laytime.116 If, after inspection, the Vessel is found not to be ready in all respects to load/117 discharge time lost after the discovery thereof until the Vessel is again ready to118 load/discharge shall not count as laytime.119 Time used before commencement of laytime shall count.120 Indicate alternative (a) or (b) as agreed, in Box 16.121 *

Demurrag e122 7.

Demurrage at the loading and discharging port is payable by the Charterers at123 the rate stated in Box 20 in the manner stated in Box 20 per day or pro rata for124 any part of a day. Demurrage shall fall due day by day and shall be payable125 upon receipt of the Owners' invoice.126 In the event the demurrage is not paid in accordance with the above, the127 Owners shall give the Charterers 96 running hours written notice to rectify the128 failure. If the demurrage is not paid at the expiration of this time limit and if the129 vessel is in or at the loading port, the Owners are entitled at any time to130 terminate the Charter Party and claim damages for any losses caused thereby.131 Lien Claus e132 8.

The Owners shall have a lien on the cargo and on all sub-freights payable in133 respect of the cargo, for freight, deadfreight, demurrage, claims for damages134 and for all other amounts due under this Charter Party including costs of135 recovering same.136

Cancelling Claus e137 9.

(a) Should the Vessel not be ready to load (whether in berth or not) on the138

cancelling date indicated in Box 21, the Charterers shall have the option of139 cancelling this Charter Party.140

(b) Should the Owners anticipate that, despite the exercise of due diligence,141

the Vessel will not be ready to load by the cancelling date, they shall notify the142 Charterers thereof without delay stating the expected date of the Vessel's143 readiness to load and asking whether the Charterers will exercise their option144 of cancelling the Charter Party, or agree to a new cancelling date.145 Such option must be declared by the Charterers within 48 running hours after146 the receipt of the Owners' notice. If the Charterers do not exercise their option147 of cancelling, then this Charter Party shall be deemed to be amended such that148

the seventh day after the new readiness date stated in the Owners' notification149 to the Charterers shall be the new cancelling date.150 The provisions of sub-clause (b) of this Clause shall operate only once, and in151 case of the Vessel's further delay, the Charterers shall have the option of152 cancelling the Charter Party as per sub-clause (a) of this Clause.153

Bills of Ladin g154 10.

Bills of L ading shall be presented and signed by the Master as per the155 "Congenbill" Bill of L ading form, Edition 1994, without prejudice to this Charter156 Party, or by the Owners' agents provided written authority has been given by157 Owners to the agents, a copy of which is to be furnished to the Charterers. The158 Charterers shall indemnify the Owners against all consequences or liabilities159 that may arise from the signing of bills of lading as presented to the extent that160 the terms or contents of such bills of lading impose or result in the imposition of161 more onerous liabilities upon the Owners than those assumed by the Owners162 under this Charter Party.163

Both-to-Blame Collision Claus e164 11.

If the Vessel comes into collision with another vessel as a result of the165 negligence of the other vessel and any act, neglect or default of the Master,166 Mariner, Pilot or the servants of the Owners in the navigation or in the167 management of the Vessel, the owners of the cargo carried hereunder will168 indemnify the Owners against all loss or liability to the other or non-carrying169 vessel or her owners in so far as such loss or liability represents loss of, or170 damage to, or any claim whatsoever of the owners of said cargo, paid or171 payable by the other or non-carrying vessel or her owners to the owners of said172 cargo and set-off, recouped or recovered by the other or non-carrying vessel173 or her owners as part of their claim against the carrying Vessel or the Owners.174 The foregoing provisions shall also apply where the owners, operators or those175 in charge of any vessel or vessels or objects other than, or in addition to, the176 colliding vessels or objects are at fault in respect of a collision or contact.177 General Average and New Jason Claus e178 12.

General Average shall be adjusted in L ondon unless otherwise agreed in Box179

22 according to York-Antwerp Rules 1994 and any subsequent modification180

thereof. Proprietors of cargo to pay the cargo's share in the general expenses181 even if same have been necessitated through neglect or default of the Owners'182 servants (see Clause 2).183 If General Average is to be adjusted in accordance with the law and practice of184 the United States of America, the following Clause shall apply: "In the event of185 accident, danger, damage or disaster before or after the commencement of the186 voyage, resulting from any cause whatsoever, whether due to negligence or187 not, for which, or for the consequence of which, the Owners are not188 responsible, by statute, contract or otherwise, the cargo shippers, consignees189 or the owners of the cargo shall contribute with the Owners in General Average190 to the payment of any sacrifices, losses or expenses of a General Average191 nature that may be made or incurred and shall pay salvage and special charges192 incurred in respect of the cargo. If a salving vessel is owned or operated by the193 Owners, salvage shall be paid for as fully as if the said salving vessel or vessels194 belonged to strangers. Such deposit as the Owners, or their agents, may deem195 sufficient to cover the estimated contribution of the goods and any salvage and196 special charges thereon shall, if required, be made by the cargo, shippers,197 consignees or owners of the goods to the Owners before delivery.".198 Taxes and Dues Claus e199

13.

(a)On Vessel -The Owners shall pay all dues, charges and taxes customarily200

levied on the Vessel, howsoever the amount thereof may be assessed.201

(b)On cargo -The Charterers shall pay all dues, charges, duties and taxes202

customarily levied on the cargo, howsoever the amount thereof may be203 assessed.204

(c)On freight -Unless otherwise agreed in Box 23, taxes levied on the freight205

shall be for the Charterers' account.206

Agenc y207 14.

In every case the Owners shall appoint their own Agent both at the port of208 loading and the port of discharge.209 Brokerag e210

15.

A brokerage commission at the rate stated in Box 24 on the freight, dead-freight211

and demurrage earned is due to the party mentioned in Box 24.212 In case of non-execution 1/3 of the brokerage on the estimated amount of213 freight to be paid by the party responsible for such non-execution to the214 Brokers as indemnity for the latter's expenses and work. In case of more215 voyages the amount of indemnity to be agreed.216

General Strike Claus e217

16.

(a) If there is a strike or lock-out affecting or preventing the actual loading of the218

cargo, or any part of it, when the Vessel is ready to proceed from her last port or219

at any time during the voyage to the port or ports of loading or after her arrival220

there, the Master or the Owners may ask the Charterers to declare, that they221 agree to reckon the laydays as if there were no strike or lock-out. Unless the222

Charterers have given such declaration in writing (by telegram, if necessary)223

within 24 hours, the Owners shall have the option of cancelling this Charter224 Party. If part cargo has already been loaded, the Owners must proceed with225

same, (freight payable on loaded quantity only) having liberty to complete with226

other cargo on the way for their own account.227

(b) If there is a strike or lock-out affecting or preventing the actual discharging228

of the cargo on or after the Vessel's arrival at or off port of discharge and same229

has not been settled within 48 hours, the Charterers shall have the option of230

keeping the Vessel waiting until such strike or lock-out is at an end against231 paying half demurrage after expiration of the time provided for discharging232

until the strike or lock-out terminates and thereafter full demurrage shall be233

payable until the completion of discharging, or of ordering the Vessel to a safe234 port where she can safely discharge without risk of being detained by strike or235

lock-out. Such orders to be given within 48 hours after the Master or the236

Owners have given notice to the Charterers of the strike or lock-out affecting237 the discharge. On delivery of the cargo at such port, all conditions of this238

Charter Party and of the Bill of Lading shall apply and the Vessel shall receive239

the same freight as if she had discharged at the original port of destination,240

except that if the distance to the substituted port exceeds 100 nautical miles,241 the freight on the cargo delivered at the substituted port to be increased in242

proportion.243

Owners shall be responsible for the consequences of any strikes or lock-outs245

preventing or affecting the actual loading or discharging of the cargo.246 War Risks ("Voywar 1993")247 17.

(1)For the purpose of this Clause, the words:248

(a) The "Owners" shall include the shipowners, bareboat charterers,249

disponent owners, managers or other operators who are charged with the250

management of the Vessel, and the Master; and251

(b) "War Risks" shall include any war (whether actual or threatened), act of252

war, civil war, hostilities, revolution, rebellion, civil commotion, warlike253

operations, the laying of mines (whether actual or reported), acts of piracy,254

acts of terrorists, acts of hostility or malicious damage, blockades255

(whether imposed against all Vessels or imposed selectively against256 Vessels of certain flags or ownership, or against certain cargoes or crews257 or otherwise howsoever), by any person, body, terrorist or political group,258 or the Government of any state whatsoever, which, in the reasonable259 judgement of the Master and/or the Owners, may be dangerous or are260 likely to be or to become dangerous to the Vessel, her cargo, crew or other261 persons on board the Vessel.262

(2)If at any time before the Vessel commences loading, it appears that, in the263

reasonable judgement of the Master and/or the Owners, performance of264

the Contract of Carriage, or any part of it, may expose, or is likely to expose,265 the Vessel, her cargo, crew or other persons on board the Vessel to War266 Risks, the Owners may give notice to the Charterers cancelling this267 Contract of Carriage, or may refuse to perform such part of it as may268 expose, or may be likely to expose, the Vessel, her cargo, crew or other269 persons on board the Vessel to War Risks; provided always that if this270 Contract of Carriage provides that loading or discharging is to take place271 within a range of ports, and at the port or ports nominated by the Charterers272 the Vessel, her cargo, crew, or other persons onboard the Vessel may be273 exposed, or may be likely to be exposed, to War Risks, the Owners shall274 first require the Charterers to nominate any other safe port which lies275 within the range for loading or discharging, and may only cancel this276 Contract of Carriage if the Charterers shall not have nominated such safe277 port or ports within 48 hours of receipt of notice of such requirement.278

(3)The Owners shall not be required to continue to load cargo for any voyage,279

or to sign Bills of Lading for any port or place, or to proceed or continue on280

any voyage, or on any part thereof, or to proceed through any canal or281

waterway, or to proceed to or remain at any port or place whatsoever,282 where it appears, either after the loading of the cargo commences, or at283 any stage of the voyage thereafter before the discharge of the cargo is284 completed, that, in the reasonable judgement of the Master and/or the285 Owners, the Vessel, her cargo (or any part thereof), crew or other persons286 on board the Vessel (or any one or more of them) may be, or are likely to be,287 exposed to War Risks. If it should so appear, the Owners may by notice288 request the Charterers to nominate a safe port for the discharge of the289 cargo or any part thereof, and if within 48 hours of the receipt of such290 notice, the Charterers shall not have nominated such a port, the Owners291 may discharge the cargo at any safe port of their choice (including the port292 of loading) in complete fulfilment of the Contract of Carriage. The Owners293 shall be entitled to recover from the Charterers the extra expenses of such294 discharge and, if the discharge takes place at any port other than the295 loading port, to receive the full freight as though the cargo had been296

carried to the discharging port and if the extra distance exceeds 100 miles,297 to additional freight which shall be the same percentage of the freight298 contracted for as the percentage which the extra distance represents to299 the distance of the normal and customary route, the Owners having a lien300 on the cargo for such expenses and freight.301

(4)If at any stage of the voyage after the loading of the cargo commences, it302

appears that, in the reasonable judgement of the Master and/or the303 Owners, the Vessel, her cargo, crew or other persons on board the Vessel304 may be, or are likely to be, exposed to War Risks on any part of the route305 (including any canal or waterway) which is normally and customarily used306 in a voyage of the nature contracted for, and there is another longer route307 to the discharging port, the Owners shall give notice to the Charterers that308 this route will be taken. In this event the Owners shall be entitled, if the total309 extra distance exceeds 100 miles, to additional freight which shall be the310 same percentage of the freight contracted for as the percentage which the311 extra distance represents to the distance of the normal and customary312 route.313

(5)The Vessel shall have liberty:-314

(a) to comply with all orders, directions, recommendations or advice as to315

departure, arrival, routes, sailing in convoy, ports of call, stoppages,316 destinations, discharge of cargo, delivery or in any way whatsoever which317 are given by the Government of the Nation under whose flag the Vessel318 sails, or other Government to whose laws the Owners are subject, or any319 other Government which so requires, or any body or group acting with the320 power to compel compliance with their orders or directions;321

(b) to comply with the orders, directions or recommendations of any war322

risks underwriters who have the authority to give the same under the terms323 of the war risks insurance;324

United Nations, any directives of the European Community, the effective326 orders of any other Supranational body which has the right to issue and327 give the same, and with national laws aimed at enforcing the same to which328 the Owners are subject, and to obey the orders and directions of those who329 are charged with their enforcement;330

(d) to discharge at any other port any cargo or part thereof which may331

render the Vessel liable to confiscation as a contraband carrier;332

(e) to call at any other port to change the crew or any part thereof or other333

persons on board the Vessel when there is reason to believe that they may334 be subject to internment, imprisonment or other sanctions;335

(f) where cargo has not been loaded or has been discharged by the336

Owners under any provisions of this Clause, to load other cargo for the337 Owners' own benefit and carry it to any other port or ports whatsoever,338 whether backwards or forwards or in a contrary direction to the ordinary or339 customary route.340

(6)If in compliance with any of the provisions of sub-clauses (2) to (5) of this341

Clause anything is done or not done, such shall not be deemed to be a342 deviation, but shall be considered as due fulfilment of the Contract of343 Carriage.344 General Ice Claus e345 18.

Port of loading346

(a) In the event of the loading port being inaccessible by reason of ice when the347

Vessel is ready to proceed from her last port or at any time during the voyage or348 on the Vessel's arrival or in case frost sets in after the Vessel's arrival, the349 Master for fear of being frozen in is at liberty to leave without cargo, and this350 Charter Party shall be null and void.351

(b) If during loading the Master, for fear of the Vessel being frozen in, deems it352

advisable to leave, he has liberty to do so with what cargo he has on board and353 to proceed to any other port or ports with option of completing cargo for the354 Owners' benefit for any port or ports including port of discharge. Any part355 cargo thus loaded under this Charter Party to be forwarded to destination at the356 Vessel's expense but against payment of freight, provided that no extra357 expenses be thereby caused to the Charterers, freight being paid on quantity358 delivered (in proportion if lumpsum), all other conditions as per this Charter359 Party.360

closed by ice, the Master or the Owners to be at liberty either to load the part362 cargo at the open port and fill up elsewhere for their own account as under363 section (b) or to declare the Charter Party null and void unless the Charterers364 agree to load full cargo at the open port.365 Port of discharge366

(a) Should ice prevent the Vessel from reaching port of discharge the367

Charterers shall have the option of keeping the Vessel waiting until the re-368 opening of navigation and paying demurrage or of ordering the Vessel to a safe369 and immediately accessible port where she can safely discharge without risk of370 detention by ice. Such orders to be given within 48 hours after the Master or the371 Owners have given notice to the Charterers of the impossibility of reaching port372

of destination.373

(b) If during discharging the Master for fear of the Vessel being frozen in deems374

it advisable to leave, he has liberty to do so with what cargo he has on board and375

to proceed to the nearest accessible port where she can safely discharge.376

apply and the Vessel shall receive the same freight as if she had discharged at378

the original port of destination, except that if the distance of the substituted port379

exceeds 100 nautical miles, the freight on the cargo delivered at the substituted380

port to be increased in proportion.381 Law and Arbitratio n382 19.

(a) This Charter Party shall be governed by and construed in accordance with383 *

English law and any dispute arising out of this Charter Party shall be referred to384

arbitration in London in accordance with the Arbitration Acts 1950 and 1979 or385

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 be387 appointed by each party and the arbitrators so appointed shall appoint a third388 arbitrator, the decision of the three-man tribunal thus constituted or any two of389 them, shall be final. On the receipt by one party of the nomination in writing of390 the other party's arbitrator, that party shall appoint their arbitrator within391 fourteen days, failing which the decision of the single arbitrator appointed shall392 be final.393 For disputes where the total amount claimed by either party does not exceed394 the amount stated in Box 25** the arbitration shall be conducted in accordance395 with the Small Claims Procedure of the

ondon Maritime Arbitrators396 Association.397

(b) This Charter Party shall be governed by and construed in accordance with398 *

Title 9 of the United States Code and the Maritime Law of the United States and399 should any dispute arise out of this Charter Party, the matter in dispute shall be400 referred to three persons at New York, one to be appointed by each of the401 parties hereto, and the third by the two so chosen; their decision or that of any402 two of them shall be final, and for purpose of enforcing any award, this403 agreement may be made a rule of the Court. The proceedings shall be404 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 exceed407 the amount stated in Box 25** the arbitration shall be conducted in accordance408 with the Shortened Arbitration Procedure of the Society of Maritime Arbitrators,409 Inc..410

the place indicated in Box 25, subject to the procedures applicable there. The412 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 but416 **

the other provisions of this Clause shall have full force and remain in effect.417

Sample_Copy_GENCON_94

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