Jurisdiction and Arbitration Clauses in Maritime Transport Documents

Jurisdiction and Arbitration Clauses in Maritime Transport Documents
Author: Felix Sparka
Publisher: Springer Science & Business Media
Total Pages: 294
Release: 2010-01-11
Genre: Law
ISBN: 3642102220

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Jurisdiction and arbitration clauses are two different mechanisms that help to ensure impartiality and predictability in international dispute resolution. Despite their benefits, these clauses can be inconvenient for parties that are forced to litigate before distant fora. Moreover, particular problems arise in the context of maritime transport documents. Based on a broad comparative approach, this study seeks to explain the existing rules within their legal context and to develop a coherent system for such clauses, which takes into account the underlying interests as well as economic theory. While offering detailed answers to most issues surrounding jurisdiction and arbitration clauses in maritime transport documents, the book confronts the fundamental question of the limits of freedom of contract in an international setting.

Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea

Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea
Author: Jonatan Echebarria Fernández
Publisher: Taylor & Francis
Total Pages: 160
Release: 2021-03-09
Genre: Law
ISBN: 1000297497

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Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of any cargo dispute. The author takes the perspective of the shipping companies and the shipowners, as these are the driving forces of the shipping industry due to their strategic importance. The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea. The author also seeks to provide conclusions and to learn lessons for the future of the non-recognition and the non-enforcement of the clauses in the existing fragmented legal framework at an international, European Union, and national level (England & Wales and Spain). The interface between the different legal regimes reveals the lack of international harmonisation and the existence of ‘forum shopping’ when a cargo interest sues the shipowner or the party to whom the shipowner charters the vessel. This concise book provides a useful overview of existing research, for students, scholars and shipping lawyers

Arbitration Clauses and Third Parties

Arbitration Clauses and Third Parties
Author: Asli Arda
Publisher: Taylor & Francis
Total Pages: 323
Release: 2023-07-18
Genre: Law
ISBN: 1000899772

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This is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice. Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a ‘one size fits all’ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on the issue from both jurisdictions. Moreover, the book explores the status of third parties to arbitration and a wide range of legal situations in which arbitration clauses bind third parties. This book will be directly of interest to lawyers and professionals in arbitration, reinsurance, construction, and shipping, as well as to relevant academic courses.

Modern Maritime Law (Volume 1)

Modern Maritime Law (Volume 1)
Author: Aleka Mandaraka-Sheppard
Publisher: CRC Press
Total Pages: 595
Release: 2013-12-17
Genre: Law
ISBN: 113458816X

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This unique title examines in depth issues of jurisdiction, maritime law and practice from a modern perspective and highlights the importance of risk management with a view to avoiding pitfalls in litigation or arbitration and minimising exposure to liabilities. The third edition has been fully revised and restructured into two self-contained volumes, the first covering jurisdictional issues and risks and the second exploring the diverse aspects of maritime law, risks and liabilities. The book continues to provide succinct analysis of the key principles and precedents of maritime law, a detailed account of important decisions, and incorporates developments in regulation, Codes of good practice and international Conventions. The first volume tackles a wealth of complex jurisdictional aspects, ranging from the enforcement of maritime claims to a detailed analysis of the conditions of arrest of ships, including reconsideration of wrongful arrest, beneficial ownership, forum non-convenience and limitations upon the jurisdiction of the English courts. Key features of Volume One: Expert analysis of the very latest case law, including noteworthy cases in international jurisdictions Highlights important recent changes and developments in: piercing the corporate veil – State immunity conflict of laws and jurisdictions stay of proceedings for breach of jurisdiction or arbitration agreements issues arising from tiered dispute resolution clauses anti-suit injunctions Timely examination of the EU jurisdiction scheme and the Review of the Brussels I Regulation New Chapter on Freezing Injunctions as compared with the US Rule B Attachment This book serves as an invaluable reference for lawyers, academics, and a host of shipping and risk management professionals worldwide. Purchase Volumes 1 and 2 of the Modern Maritime Law together for a reduced price at http://www.routledge.com/books/details/9780415843201/

Jurisdiction and Forum Selection in International Maritime Law

Jurisdiction and Forum Selection in International Maritime Law
Author: Robert Force
Publisher: Kluwer Law International B.V.
Total Pages: 362
Release: 2005-01-01
Genre: Law
ISBN: 904112330X

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Forum selection is typically the most crucial issue in a transnational case. Nowhere is this truer than in maritime law, where forum selection is the first and sometimes the only point of engagement in international maritime litigation. In this important collection of essays, ten outstanding maritime law scholars from eight countries analyze the complex theoretical and practical issues surrounding forum selection in maritime cases. Among the topics discussed are the following: injunctions; forum shopping for limitation of liability; forum non conveniens; effect of forum selection clauses; loss or damage to goods; the in personam link; and, recognition of foreign liens. The book stems from a symposium held at Tulane University in 2004 to honor the 70th birthday of Robert Force, the influential and respected scholar who founded the renowned Tulane Maritime Law Center. As befits such a festschrift, the book opens with a detailed analysis and overview of forum selection clauses, written by Professor Force and his Tulane colleague Martin Davies. This is followed by thought-provoking essays on comparative issues, procedural theory, competing jurisdictions, jurisdictional clauses, EC law, and other matters, and by insightful and knowledgeable reports on specific issues related to China and South Africa. At a moment in history when geopolitical trends and globalization of trade are rapidly growing and changing, maritime lawyers and the various agencies and commissions that sustain this vitally important branch of international legal practice will greatly appreciate this remarkable book.

Validity and Effects of the Incorporation by Reference of Arbitration Agreements in International Maritime Arbitration

Validity and Effects of the Incorporation by Reference of Arbitration Agreements in International Maritime Arbitration
Author: Carlos Esplugues
Publisher:
Total Pages: 0
Release: 2012
Genre:
ISBN:

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International maritime industry comes out as one of these areas in which the resource to arbitration and other ADR devices have enjoyed a traditional and far-reaching character. Historically, a trend has existed for those disputes arising out of international maritime transport to be referred to arbitration, ousting jurisdiction of national courts. In fact, this bias has increased in recent years due both to the highly complex nature of the maritime industry and to the costs and delays that referring disputes to public courts encompass. Nowadays, international maritime arbitration looks as an extremely healthy arbitration. The increasing number of Arbitration institutions devoted to it, and the big amount and complexity of disputes referred to arbitrators are clear examples of this good health. Nevertheless, international maritime arbitration, as international commercial arbitration does as well, undergoes some problems -- a sort of “growth crisis” -- due to its quick development: the increasing delays that arbitration proceedings encounter and their expanding costs illustrate them. All these complications are broadening the resource to other ADR's devices, essentially mediation in this area. In fact, an increasing number of Arbitration Institutions in the maritime field have already developed several regulations on mediation as regards the international carriage of goods by sea in the last years. Nevertheless, international maritime arbitration cannot be approached as a unitary reality as regards those disputes referred to it. As a matter of fact, these controversies may heavily differ one from each other. There are some contractual disputes -- for instance, those arising from the use of the ship or the carriage of goods on board, or the construction of a ship or its sale -- whereas some other disputes arise from non-contractual obligations -- maritime rescue or collisions, for instance. In this article the legal regime of arbitration agreements in the field of disputes arising out of the use of the ship or the carriage of goods on board. The most relevant regulations are studied and their solutions approached. This study allows the reader to perceive some trends currently existing in such a relevant area of international maritime arbitration.

Bills of Lading

Bills of Lading
Author: Sir Richard Aikens
Publisher: Taylor & Francis
Total Pages: 930
Release: 2020-12-23
Genre: Law
ISBN: 042964910X

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Bills of lading form an essential part of the carriage of goods by sea and international trade. Their multi-functional nature, together with the large volume of case law and regulation, make the law in this field as complex as it is commercially vital. This bestselling book, now in its third edition, provides a detailed analysis of the law and practice applicable to bills of lading before, during, and after shipment, helping today’s busy practitioner to quickly and easily find the information they need. This book has been fully revised and updated with all the major developments, including: reference to increasingly important Singapore and Far-Eastern decisions; an analysis of modern developments in seaworthiness, from vetting and approval clauses to the topical issues of vulnerability and piracy attacks; detailed examination of misdelivery, fraudulent or forged bills of lading, and delivery without production of a bill of lading; revised coverage of conflicts and procedural matters, including anti-suit injunctions, jurisdiction battles, and the scope of arbitration; reference to relevant European law relating to issues of jurisdiction and procedure; comprehensive treatment of switch bills, transhipment, house bills, deck carriage, and container cargo; and new material on the practical implications of electronic bills of lading, and the implications of automated vessels. This text continues to provide an indispensable reference for maritime practitioners and institutions worldwide.