The amended wording is designed to avoid arguments about the application of the clause to different categories of contract under US law. A second amendment excludes the mediation provision when New York arbitration is chosen. This is because the approach to mediation in the US differs from other jurisdictions, such as England. Parties who have agreed New York arbitration are still at liberty to mediate all or part of their dispute, but slightly different procedures to those stated in the clause will apply. An update to the Singapore arbitration option applies a higher Small Claims Procedure cap amount of USD 150,000, which is the figure used in the latest edition of the SCMA Rules.
There are no other changes to the BIMCO Dispute Resolution Clause. The amended wording will be incorporated into all new and revised BIMCO documents to provide 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 2016 and will supersede the 2015 edition. The text of the new Dispute Resolution Clause 2016 is available on the BIMCO website.
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Veritas Petroleum Services (VPS) publish regular Bunker Alerts based entirely on fuel samples and have kindly permitted BIMCO’s Members to access this information.
The Bunker Alerts are not intended to be an evaluation of overall bunker quality in the port or area concerned, but usually highlight a specific parameter within the fuel which has raised a quality issue.
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