The Nype 93 Arbitration Clause: Where Ends The Open-end?

Abstract

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.