SCMA-BIMCO Law and Arbitration Clause 2020

(Adopted by BIMCO in September 2020. To be used in BIMCO Contracts and Forms)

(a) This contract shall be governed by and construed in accordance with Singapore/English* law and any dispute arising out of or in connection with this contract shall be referred exclusively to arbitration in Singapore in accordance with the Singapore International Arbitration Act (Chapter 143a) or any statutory modification or re-enactment thereof save to the extent necessary to give effect to the provisions of this clause. The seat of arbitration shall be Singapore even where any hearing takes place in another jurisdiction.
*delete whichever does not apply. If neither or both are deleted, English law shall apply.


(b) The reference shall be to three (3) arbitrators unless the parties agree otherwise.

(c) The arbitration shall be conducted in accordance with the Arbitration Rules of the Singapore Chamber of Maritime Arbitration (SCMA).

(d) In cases where neither the claim nor any counterclaim exceeds the sum of USD 150,000 (or such other sum as the parties may agree) the arbitration shall be conducted in accordance with the SCMA Small Claims Procedure.

(e) The Rules and Procedures referred to in sub clauses (c) and (d) above shall be those current at the time when the arbitration proceedings are commenced.

(f) Any and all notices and communications in relation to any arbitration proceedings under this clause, including commencement notices and appointment of arbitrators shall be treated as effectively served from the date and time the e-mail was sent if sent by e-mail to the e-mail addresses below:

Name of party to this contract:
e-mail address(es) for receipt of notices and communications on behalf of the above party: [insert]

Name of other party to this contract:
e-mail address(es) for receipt of notices and communications on behalf of the above party: [insert]

Either party shall be entitled to change and/or add to the e-mail addresses above by sending notice of change to the other party at the above address (or, if previously amended by notice, the relevant amended addresses).

Nothing in this clause shall prevent any notice and communication in relation to any arbitration proceedings in connection with this contract being served by other effective means.


SCMA Arbitration Clause

"Any and all disputes arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore Chamber of Maritime Arbitration ("SCMA Rules") for the time being in force at the commencement of the arbitration, which rules are deemed to be incorporated by reference in this clause".


SCMA Bunker Arbitration Clause

Any disputes arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration at SCMA in accordance with the Singapore Bunker Claims Procedure (“SBC Terms”) for the time being in force at the commencement of the arbitration which terms are deemed to be incorporated by reference into this clause


SCMA Arb-Med-Arb Clause

The parties further agree that following the commencement of arbitration, they will attempt in good faith to resolve the disputes referred to arbitration through mediation at [one of the following:]

[Singapore Mediation Centre ("SMC")]

[Singapore International Mediation Centre ("SIMC")]

[any other recognised mediation institution to be identified], [delete as appropriate],

in accordance with the SCMA AMA Protocol for the time being in force [refer to Schedule C]. Any settlement reached in the course of the mediation shall be referred to the Arbitral Tribunal appointed in accordance with the SCMA Rules and may be made a consent Award on agreed terms.

Comment
It is strongly recommended that an additional paragraph determining the governing law of the contract be included into the SCMA Arbitration Clauses (B&C).
An example is provided below:
This Contract shall be governed by and construed in accordance with Singapore / English Law* (Select one)

*In the event that no governing law is selected, the default governing law shall be Singapore Law.