Arbitration Clauses In Maritime Contracts

Author : Eleni Magklasi
Publisher : Taylor & Francis
ISBN 13 : 1040049753
Total Pages : 249 pages
Book Rating : 4.54/5 ( download)

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Download or read book Arbitration Clauses in Maritime Contracts written by Eleni Magklasi and published by Taylor & Francis. This book was released on 2024-06-28 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration clauses are sacrosanct in maritime contracts. Standard forms of charterparties and bills of lading reflect a desire to trade over the trusted dispute resolution choice of arbitration. However, when incorporating arbitration clauses, disputes and interpretational complexities continue to arise evidencing that the law is not settled yet. This book introduces a holistic evaluation of the commercial reasons and the legal principles that permeate the incorporation of arbitration clauses in modern maritime contracts, contrasting arbitration with exclusive jurisdiction clauses, where appropriate. The book presents a modern specialised legal study of incorporation of arbitration clauses into maritime contracts, considering recent developments and long-established principles of incorporation. Offering a thorough research into English, European, and Chinese law, with the objective to assess how the incorporation of arbitration principles crystallises through the years, the book will be of interest to researchers, legal practitioners, and commercial parties.

Author : Eleni Magklasi
Publisher :
ISBN 13 : 9781003363750
Total Pages : 0 pages
Book Rating : 4.5X/5 ( download)

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Download or read book Arbitration Clauses in Maritime Contracts written by Eleni Magklasi and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Arbitration clauses are sacrosanct in maritime contracts. Standard forms of charterparties and bills of lading reflect a desire to trade over the trusted dispute resolution choice of arbitration. However, when incorporating arbitration clauses, disputes and interpretational complexities continue to arise evidencing that the law is not settled yet. This book introduces a holistic evaluation of the commercial reasons and the legal principles that permeate the incorporation of arbitration clauses in modern maritime contracts, contrasting arbitration with exclusive jurisdiction clauses, where appropriate. The book presents a modern specialised legal study of incorporation of arbitration clauses into maritime contracts, considering recent developments and long-established principles of incorporation. Offering a thorough research into English, European and Chinese law, with the objective to assess how the incorporation of arbitration principles crystallises through the years, the book will be of interest to researchers, legal practitioners and commercial parties"--

Author : Felix Sparka
Publisher : Springer Science & Business Media
ISBN 13 : 3642102220
Total Pages : 294 pages
Book Rating : 4.26/5 ( download)

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Download or read book Jurisdiction and Arbitration Clauses in Maritime Transport Documents written by Felix Sparka and published by Springer Science & Business Media. This book was released on 2010-01-11 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Jonatan Echebarria Fernández
Publisher : Taylor & Francis
ISBN 13 : 1000297497
Total Pages : 160 pages
Book Rating : 4.92/5 ( download)

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Download or read book Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea written by Jonatan Echebarria Fernández and published by Taylor & Francis. This book was released on 2021-03-09 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Erik Siesby
Publisher :
ISBN 13 :
Total Pages : 402 pages
Book Rating : 4.08/5 ( download)

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Download or read book On Jurisdiction and Arbitration Clauses in Maritime Contracts written by Erik Siesby and published by . This book was released on 1960 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Eva Litina
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403530316
Total Pages : 172 pages
Book Rating : 4.14/5 ( download)

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Download or read book Theory, Law and Practice of Maritime Arbitration written by Eva Litina and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. She offers the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. An analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. The book addresses the following key aspects of maritime arbitration: maritime arbitration’s definition, origins, theoretical underpinnings, socioeconomic context, and significance; the maritime-specific reasons for wide use of ad hoc versus institutional arbitration; the international instruments governing arbitration in contracts for the carriage of goods by sea; the shipping industry’s pursuit of self-regulation via standard form contracts; the arbitration agreement contained in standard form charterparties and bills of lading; maritime arbitration’s unique approach to judicial review, confidentiality, and arbitrator impartiality; the specific dispute resolution objectives that compel a comparative assessment of maritime arbitral seats; and the future of maritime arbitration in light of international political, financial, and technological developments. In addition to the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape, and suggesting future perspectives and research in international maritime arbitration. An important addition to scholarship in this field of law, the book’s thorough assessment of the merits of the competing maritime arbitral seats—and its specific focus on maritime disputes—will prove of significant importance to arbitrators, law firms, in-house counsel of shipping companies, international organizations, and arbitration institutions and associations. Practitioners will discover all tools necessary to examine any case before the main maritime arbitral seats with full awareness of each applicable legal regime and its distinguishing features.

Author : Karin A. Schlosser
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.20/5 ( download)

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Download or read book Arbitration Clauses in Maritime Contracts and Their Binding Effect on Groups of Companies written by Karin A. Schlosser and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Asli Arda
Publisher : Taylor & Francis
ISBN 13 : 1000899772
Total Pages : 323 pages
Book Rating : 4.71/5 ( download)

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Download or read book Arbitration Clauses and Third Parties written by Asli Arda and published by Taylor & Francis. This book was released on 2023-07-18 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Robert Coulson
Publisher :
ISBN 13 :
Total Pages : 18 pages
Book Rating : 4.18/5 ( download)

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Download or read book Analysis of Arbitration Clauses in Conference Contracts Filed with the Federal Maritime Commission written by Robert Coulson and published by . This book was released on 1964 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Clare Ambrose
Publisher : Taylor & Francis
ISBN 13 : 1317213564
Total Pages : 1088 pages
Book Rating : 4.67/5 ( download)

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Download or read book London Maritime Arbitration written by Clare Ambrose and published by Taylor & Francis. This book was released on 2017-08-15 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its fourth edition, this book provides detailed and practical guidance on how London Maritime Arbitration works in practice, against the background of English arbitration law and the Arbitration Act 1996. This unique title is the only book on the market that offers a practical focus on maritime disputes, while also providing a clear exposition of general principles of English arbitration law, with discussion and analysis of applicable legislation and case law. Arbitration practitioners will find everything that they need in one comprehensive book. New to this edition: Guidance on the new LMAA Terms 2017 against the background of English arbitration law, including the Arbitration Act 1996. Fully updated case law and analysis of legal developments, including Brexit. Comparative references to ad hoc and LCIA arbitration. New section on salvage arbitration, Brexit, third party funding. Summaries comparing alternative jurisdictions including Singapore, Hong Kong, Hamburg and New York This book will be invaluable to maritime arbitration practitioners both in private practice and in-house, as well as maritime professionals, such as those working at P&I Clubs, brokers, ship owners, managers and charterers; and more generally to anybody concerned with London arbitration.