Arbitration is often used for the resolution of commercial disputes, particularly in the context of international trade and shipping. This article provides a brief introduction to the relevance of London arbitration to the cement sector, including terms and procedures, recovery of costs, and general guidance for when a dispute may be on the horizon. By Rupert Talbot-Garman, UK.
Numerous ship-related contracts in the global cement trade incorporate clauses providing for the resolution of disputes in London by arbitration and with English Law applying. Examples of such contracts include:
• “CEMENTVOY 2006” Voyage Charter Party (C/P) for the transportation of bulk cement, in Conventional Bulk Carriers (Annex A) or Specialised Cement Carriers (Annex “B”)
• “CEMENTVOYBILL 2016” Bill of Lading to be used with the above CEMENTVOY 2006 C/P
• “GENCON 1994” Voyage C/P (recently updated by “GENCON 2022”)
• Amended “NYPE 2015” Time C/P
• “BARECON 2017” Bareboat C/P
• “SHIPMAN 2009” Ship Management Agreement.
From a seaborne trade perspective, cement can be divided into bagged and bulk, the latter being capable of sub-division into finished cement and clinker. Cement generally is sold on Free on Board (FOB) or Cost, Insurance and Freight (CIF) terms.
