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Jurisdiction and Arbitration Clauses in Maritime Transport Documents

2010-01-11 Law
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Release : 2010-01-11
Genre : Law
Kind : eBook
Book Rating : 220/5 ( reviews)

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Book Synopsis Jurisdiction and Arbitration Clauses in Maritime Transport Documents by : Felix Sparka

Download or read book Jurisdiction and Arbitration Clauses in Maritime Transport Documents written by Felix Sparka. This book was released on 2010-01-11. 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.

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

2021-03-09 Law
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Release : 2021-03-09
Genre : Law
Kind : eBook
Book Rating : 497/5 ( reviews)

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Book Synopsis Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea by : Jonatan Echebarria Fernández

Download or read book Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea written by Jonatan Echebarria Fernández. This book was released on 2021-03-09. 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

Arbitration Clauses and Third Parties

2023-07-18 Law
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Release : 2023-07-18
Genre : Law
Kind : eBook
Book Rating : 772/5 ( reviews)

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Book Synopsis Arbitration Clauses and Third Parties by : Asli Arda

Download or read book Arbitration Clauses and Third Parties written by Asli Arda. This book was released on 2023-07-18. 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.

On Jurisdiction and Arbitration Clauses in Maritime Contracts

1960 Contracts, Maritime
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Release : 1960
Genre : Contracts, Maritime
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis On Jurisdiction and Arbitration Clauses in Maritime Contracts by : Erik Siesby

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

Modern Maritime Law (Volume 1)

2013-12-17 Law
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Release : 2013-12-17
Genre : Law
Kind : eBook
Book Rating : 16X/5 ( reviews)

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Book Synopsis Modern Maritime Law (Volume 1) by : Aleka Mandaraka-Sheppard

Download or read book Modern Maritime Law (Volume 1) written by Aleka Mandaraka-Sheppard. This book was released on 2013-12-17. Available in PDF, EPUB and Kindle. Book excerpt: 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/

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