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'''Background'''
The claimant (“Shangang") and the respondent (“Daewoo”) entered into a charterparty by way of a fixture note (“Fixture Note”). Clause 23 of the Fixture Note provided that “ARBITRATION TO BE HELD IN HONGKONG. ENGLISH LAW TO BE APPLIED” and Clause 24 stated that “OTHER TERMS/CONDITIONS AND CHARTER PARTY DETAILS BASE ON GENCON 1994 CHARTER PARTY”.