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Chapter 15 Arbitration

Rotterdam Rules: A Practical Annotation

15 Arbitration Article 75. Arbitration agreements 1. Subject to this chapter, parties may agree that any dispute that may arise relating to the carriage of goods under this Convention shall be referred to arbitration. 2. The arbitration proceedings shall, at the option of the person asserting a claim against the carrier, take place at: (a) Any place designated for that purpose in the arbitration agreement; or (b) Any other place situated in a State where any of the following places is located: (i) The domicile of the carrier; (ii) The place of receipt agreed in the contract of carriage; (iii) The place of delivery agreed in the contract of carriage; or (iv) The port where the goods are initially loaded on a ship or the port where the goods are finally discharged from a ship. 3. The designation of the place of arbitration in the agreement is binding for disputes between the parties to the agreement if the agreement is contained in a volume contract that clearly states the names and addresses of the parties and either: (a) Is individually negotiated; or (b) Contains a prominent statement that there is an arbitration agreement and specifies the sections of the volume contract containing the arbitration agreement. 4. When an arbitration agreement has been concluded in accordance with paragraph 3 of this article, a person that is not a party to the volume contract is bound by the designation of the place of arbitration in that agreement only if: (a) The place of arbitration designated in the agreement is situated in one of the places referred to in subparagraph 2 (b) of this article; (b) The agreement is contained in the transport document or electronic transport record; (c) The person to be bound is given timely and adequate notice of the place of arbitration; and (d) Applicable law permits that person to be bound by the arbitration agreement. 5. The provisions of paragraphs 1, 2, 3 and 4 of this article are deemed to be part of every arbitration clause or agreement, and any term of such clause or agreement to the extent that it is inconsistent therewith is void. NOTES [75-01] When Chapter 15 on arbitration is binding. Chapter 15 on arbitration will only bind Contracting States that declare in accordance with Article 91 that they will be bound by that chapter. 1 If they do so declare, any term of an arbitration clause that is inconsistent with the provisions of Chapter 15 is void. 2

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