[PDF] International Maritime Arbitration eBook

Author : Eva Litina
Publisher : Kluwer Law International B.V.
Page : 172 pages
File Size : 33,5 MB
Release : 2020-12-10
Category : Law
ISBN : 9403530316

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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 : K. S. Harisankar
Publisher : LAP Lambert Academic Publishing
Page : 116 pages
File Size : 35,57 MB
Release : 2013-01
Category : Arbitration (International law)
ISBN : 9783844398410

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The first monograph ever written on International Maritime Arbitration Law from South East Asia. In the field of maritime law, Arbitration has served as a common tool for the settlement of disputes for several decades. The term International Maritime Arbitration has two connotations. Maritime Arbitration has developed on both interstate and transnational level. International disputes relating to the maritime matters can be dissolved either through intergovernmental arbitration or through trans-national commercial arbitration. The general perception is that if arbitration somehow involves a "ship," it can be specified as Maritime Arbitration. i.e., the connection between case and ship serves as the constant element of maritime arbitration.

Author : Georgios I. Zekos
Publisher : Routledge
Page : 549 pages
File Size : 29,62 MB
Release : 2008-05-28
Category : Business & Economics
ISBN : 1134044569

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International Commercial and Marine Arbitration analyses and compares commercial-martime arbitration, and the role of the courts in arbitration in several different legal systems including the US, the UK, Greece and Belgium, and also sets out how the process of arbitration should be developed in order to make it more effective.