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

Limitations on Party Autonomy

Jonatan Echebarria Fernández

• Éditeur: Informa Law from Routledge
• Année: 2021
• ISBN:
  9781000297492
• Édition: 1
• Sujet: Droit
• Sous-sujet: Droit des contrats

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