Theory, Law and Practice of Maritime Arbitration

Author: Eva Litina
Publisher: Kluwer Law International
ISBN: 9789403530352
Published In: December 2020
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Theory, Law and Practice of Maritime Arbitration is a book that delves deep into the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. The author furnishes 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. It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport the backbone of the global economy. Most disputes in the shipping industry are settled by distinctive, private, mystery-enshrouded 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. An in-depth 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.

What’s in this book:

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 the 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.

Apart from 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.

How this will help you:

An essential 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.

About the Author

Foreword

Preface

List of Abbreviations

Acknowledgments

Introduction

CHAPTER 1
Theoretical Background

CHAPTER 2
The Current Legal Regime

CHAPTER 3
Distinguishing Features of Maritime Arbitration Practice

CHAPTER 4
Conclusions: Reliability, Efficiency, and Flexibility in Maritime Arbitration

Appendices

APPENDIX 1
List of Charterparties