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CHARTERERS' LIABILITY INSURANCE / PART VI / Clause 21
DISPUTES AND DIFFERENCES
21.1 Adjudication by the Board
If any difference or dispute between the Association or the Managers and any other person shall arise out of or in connection with the Certificate of Insurance or any contract of insurance between the Association and the Assured such difference or dispute shall in the first instance be referred to and adjudicated by the Board notwithstanding that the Board may have already considered the matter before any such difference or dispute arose. Such reference and adjudication shall be on written submissions only.
21.2 Reference to Arbitration or the High Court
If such other person does not accept the decision of the Board, or if the Board shall fail to make any award within three months of the reference to it, the difference or dispute shall be referred to arbitration in London or , at the exclusive option of the Association, to the exclusive jurisdiction of the High Court in London.
21.3 Arbitration
Where the difference or dispute has been referred to arbitration in London:
21.3.1 The arbitration shall be conducted by three arbitrators, one to be appointed by each of the parties and the third by the two so appointed.
21.3.2 No Assured nor the Managers nor any employee of the Managers shall act as arbitrator.
21.3.3 The evidence and proceedings upon any arbitration may in the discretion of the arbitrators be taken in a mercantile way without regard to legal technicalities respecting evidence.
21.3.4 The arbitrators may, in case any point of law shall arise, take the opinion of such counsel or solicitor as they may think fit, and may act upon any such opinion, and unless the arbitrators taking such an opinion otherwise direct, the costs of and incidental thereto shall be deemed to be part of the costs of the award.
21.3.5 The costs of and incidental to any such reference and award shall be in the discretion of the arbitrators.
21.3.6 The submission to arbitration and all the proceedings therein shall be subject to the provisions of the Arbitration Act 1996 or any statutory modification or re-enactment thereof.
21.4 Sole Remedy
No such other person shall be entitled to maintain any action, suit or other legal proceedings against the Association otherwise than in accordance with the procedures laid down in this Clause 21 and, unless the Association has exercised its option to refer the difference or dispute to the exclusive jurisdiction of the High Court in London, may only commence proceedings, other than the arbitration under Clause 21.2 Reference to Arbitration or the High Court above, so as to enforce an award under such arbitration and then only for such sum, if any, as the award may direct to be paid by the Association. The sole obligation of the Association to such other person under these Charterers’ Insurances Terms & Conditions, and any Certificate of Insurance, in respect of such difference or dispute shall be to pay such sum as may be directed by such an award or, where the Association has exercised its option as aforesaid, a judgment of the High Court in London.