Whilst it is accepted that the arbitration clause in the Gencon 94 charter party effectively submits disputes between the owner and the charterer to arbitration, the owner fails to demonstrate that, as between himself and the party which eventually has to be considered not as the charterer but only as transport intermediary, a written arbitration agreement in the sense of the first part of paragraph 1 and of paragraph 2 of article II of the New York Convention has been entered into.
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