- 266 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
Arbitration Clauses in Maritime Contracts
About this book
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.
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Information
Table of contents
- Cover
- Half Title
- Title
- Copyright
- Dedication
- Contents
- Table of cases
- Legislation, conventions, rules, and other instruments
- Introduction
- 1 The preliminary steps towards finding the law that will determine incorporation of an arbitration clause into the bill of lading
- 2 Identifying the prerequisites for the valid incorporation of charterparty arbitration clauses into bills of lading under English law
- 3 The sequel in the construction of arbitration clauses: the eternal battle of arbitration clauses versus jurisdiction clauses
- 4 The idiosyncratic status of arbitration clauses shines through: the legal principles and their synergies with emphasis on the EU legal framework
- 5 Arbitral awards versus judgments: are arbitration clauses and jurisdiction clauses truly equivalent?
- 6 Final conclusion
- Bibliography
- Index
- Index of Cases