London arbitration of maritime disputes and cement trading

Published 03 October 2023

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.

The London arbitration of maritime disputes arising in the cement sector – a brief introduction (© Medcem)

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.

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