ARBITRATION AGREEMENT IN CASE OF COLLISION
仲裁程序-
海事海商仲裁
| 2015-04-10 10:12:44.84
Date： _______
It is hereby agreed between _______ as accredited representative （address： _______, tel： _______, telex： _______, fax： _______, postal code： _______） of m.v. （flag： _______, port of registry： _______）
And _______ as accredited representative （address： _______, tel： _______, telex： _______, fax： _______, postal code： _______） of m.v. （flag： _______, port of registry： _______）；
Or _______ as accredited representative （address： _______, tel： _______, telex： _______, fax： _______, postal code： _______） of the owners of the property, as follows：
1. The parties agree to refer to China Maritime Arbitration Commission for settlement of all disputes arising between the parties hereto in connection with the collision between m.v. _______ and m.v. _______ on the date of _______ at _______ hours （Greenwich Mean Time or Beijing Time）, at _______ with regard to the said collision including the
2. In order to secure the damages claimed, the parties agree that cash deposit or guarantee shall be provided by _______ （full names of vessel owners） to _______ before _______, （full name（s） of vessel or property owners）, and cash deposit or guarantee shall be provided by _______ to _______ （full name（s） of vessel or property owners） （full names of vessel owners） before _______.
Provision of security by a party to the other party in conformity to the provision in Paragraph 1 of this Clause shall not be taken as admission by him of collision liability.
Where a party has provided the security conformable to that required in Paragraph 1 of this Clause, the other party shall not apply to the court for arrest or detention of the vessel or property owned by that party.
3. The provision in Paragraph 3 of Clause 2 hereof shall not apply in absence of an agreement between the parties as prescribed in Paragraph 1 of Clause 2 hereof, or in the case that a party fails to receive the security from the other party, though agreement has been reached between the parties, or that such security as has been provided becomes ineffective due to expiration.
4.The parties agree that one party conduct survey to damage to the vessel or property owned by the other party and provide convenience for survey to be held by the other party.
5. The arbitration procedure shall be governed by the Rules of Arbitration of China Maritime Arbitration Commission and the award made by the Commission shall be final and binding on the parties.
6. Except as otherwise expressly provided, the law of the Peoples Republic of China shall apply to this Agreement and to the arbitration conducted under this Agreement.
7. Any change of the name, address, fax and telex number and postal code given in the preamble of this Agreement shall be immediately communicated to the Commission and the other party. Failing this, any letter and document mailed to such address as well as any facsimile and telex message transmitted to such number shall be deemed to have been duly served to the parties over a period of time as deemed reasonable by the Commission or the arbitration tribunal.
Signature：_________
Signature：_________
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