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Commercial disputes and court and arbitration proceedings that follow can be very time-consuming and costly – and can risk damaging an otherwise fruitful business relationship between the parties. This article, based on interviews with shipping experts, explains what alternative dispute resolution (ADR) is and why you should always plan for it in contract negotiations.
Andrew is a partner at the Hong Kong office of Stephenson Harwood. Andrew is a specialist in marine and international trade matters, including shipbuilding and construction, installation and operation of offshore structures. He is an expert in arbitration, litigation and mediation and is the head of the marine and international trade team in Hong Kong. Andrew has a wide range of experience in dry shipping and international trade and trade finance dispute resolution. He has represented clients in the English and Hong Kong high courts and courts of appeal, in arbitrations in London and Hong Kong and has conducted numerous mediations. He is familiar with LMAA, ICC, HKIAC and GAFTA arbitrations. Andrew has particular experience in jurisdiction disputes and in obtaining injunctions in support of litigation and arbitration.
Andrew is a partner at the Hong Kong office of Stephenson Harwood. Andrew is a specialist in marine and international trade matters, including shipbuilding and construction, installation and operation of offshore structures. He is an expert in arbitration, litigation and mediation and is the head of the marine and international trade team in Hong Kong. Andrew has a wide range of experience in dry shipping and international trade and trade finance dispute resolution. He has represented clients in the English and Hong Kong high courts and courts of appeal, in arbitrations in London and Hong Kong and has conducted numerous mediations. He is familiar with LMAA, ICC, HKIAC and GAFTA arbitrations. Andrew has particular experience in jurisdiction disputes and in obtaining injunctions in support of litigation and arbitration.
In view of the significant time and costs associated with court and arbitration proceedings, BIMCO has developed a standard clause for inclusion in charter parties and other contracts which makes it possible for the parties to solve disputes via alternative dispute resolution (ADR) and in particular mediation, early neutral evaluation and early intervention.
This is the 2017 edition of the Dispute Resolution Clause. The clause has been developed to re-introduce of the LMAA Intermediate Claims Procedure.
