发布时间 : 星期日 文章租船课堂笔记整理完美版 - 图文更新完毕开始阅读2f54e9a4f524ccbff121844a
Procedure of the London Maritime Arbitrators Association. * (b) This Charter Party shall be governed by and construed in accordance with Title 9 of the United States Code and the Maritime Law of the United States and should any dispute arise out of this Charter Party, the matter in dispute shall be referred to three persons at New York, one to be appointed by each of the parties hereto, and the third by the two so chosen; their decision or that of any two of them shall be final, and for purpose of enforcing any award, this agreement may be made a rule of the Court. The proceedings shall be conducted in accordance with the rules of the Society of Maritime Arbitrators, Inc.. For disputes where the total amount claimed by either party does not exceed the amount stated in Box 25** the arbitration shall be conducted in accordance with the Shortened Arbitration Procedure of the Society of Maritime Arbitrators, Inc.. * (c) Any dispute arising out of this Charter Party shall be referred to arbitration at the place indicated in Box 25, subject to the procedures applicable there. The laws of the place indicated in Box 25 shall govern this Charter Party. (d) If Box 25 in Part 1 is not filled in, sub-clause (a) of this Clause shall apply. * (a), (b) and (c) are alternatives; indicate alternative agreed in Box 25. ** Where no figure is supplied in Box 25 in Part 1, this provision only shall be void but the other provisions of this Clause shall have full force and remain in effect. (a)适用英国法，在伦敦仲裁 (b)适用美国法，在纽约仲裁
(c)双方可以选第三地仲裁，在BOX25约定 (d)如果不选第三地，视为英国法在伦敦仲裁
·GENCON76没有仲裁条款。
·GENCON 94没有选第三地则是伦敦。
第二十二节 其他条款
一、TAX and Dues Clause 13. Taxes and Dues Clause (a) On Vessel -The Owners shall pay all dues, charges and taxes customarily levied on the Vessel, howsoever the amount thereof may be assessed. (b) On cargo -The Charterers shall pay all dues, charges, duties and taxes customarily levied on the cargo, howsoever the amount thereof may be assessed. (c) On freight -Unless otherwise agreed in Box 23, taxes levied on the freight shall be for the Charterers' account.
二、 New Jason Clause
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12. General Average and New Jason Clause General Average shall be adjusted in London unless otherwise agreed in Box 22 according to York-Antwerp Rules 1994 and any subsequent modification thereof. Proprietors of cargo to pay the cargo's share in the general expenses even if same have been necessitated through neglect or default of the Owners' servants (see Clause 2). If General Average is to be adjusted in accordance with the law and practice of the United States of America, the following Clause shall apply: \danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the Owners are not responsible, by statute, contract or otherwise, the cargo shippers, consignees or the owners of the cargo shall contribute with the Owners in General Average to the payment of any sacrifices, losses or expenses of a General Average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the cargo. If a salving vessel is owned or operated by the Owners, salvage shall be paid for as fully as if the said salving vessel or vessels belonged to strangers. Such deposit as the Owners, or their agents, may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon shall, if required, be made by the cargo, shippers, consignees or owners of the goods to the Owners before delivery.\ ·NEW JASON：由过失造成的共同海损也成立共同海损
三、Both-to-Blame Collision Clause
11. Both-to-Blame Collision Clause If the Vessel comes into collision with another vessel as a result of the negligence of the other vessel and any act, neglect or default of the Master, Mariner, Pilot or the servants of the Owners in the navigation or in the management of the Vessel, the owners of the cargo carried hereunder will indemnify the Owners against all loss or liability to the other or non-carrying vessel or her owners in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said cargo, paid or payable by the other or non-carrying vessel or her owners to the owners of said cargo and set-off, recouped or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying Vessel or the Owners. The foregoing provisions shall also apply where the owners, operators or those in charge of any vessel or vessels or objects other than, or in addition to, the colliding vessels or objects are at fault in respect of a collision or contact. ·主要针对载货船的货主在对方船可以得到全赔，对方船再向载货船东要钱，载货船东再依照BBCC条款向本船货主把免责的钱退回。兜了一圈。
·私人运输，提单持有人也是航次租船人的话，应当把本船免责的钱返还。
·如果提单持有人和租船人不是同一人，提单下，BBCC无效。船东要不回来钱。
第三章 定期租船合同主要条款 (NYPE46/93)
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