The NYPE 93 Arbitration Clause: Where Ends the Open-end?

摘要

This article examines the arbitration clause under the standard Time Charter NYPE 93 Form. Despite its widespread adoption in the brokering of international chartering agreements, the form's failure to require a definitive choice of arbitral seat brings about practical difficulties in identifying both jurisdiction and applicable law. This article argues that an open-ended arbitration clause without a designated arbitral seat should be rendered void ab initio. Additionally, the article offers suggestions to improve the NYPE 93 Form.