Arbitration Clauses in Maritime Contracts

Download Arbitration Clauses in Maritime Contracts PDF Online Free

Author :
Publisher : Taylor & Francis
ISBN 13 : 1040049753
Total Pages : 249 pages
Book Rating : 4.0/5 (4 download)

DOWNLOAD NOW!


Book Synopsis Arbitration Clauses in Maritime Contracts by : Eleni Magklasi

Download or read book Arbitration Clauses in Maritime Contracts written by Eleni Magklasi and published by Taylor & Francis. This book was released on 2024-06-28 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Arbitration Clauses in Maritime Contracts

Download Arbitration Clauses in Maritime Contracts PDF Online Free

Author :
Publisher :
ISBN 13 : 9781032426754
Total Pages : 0 pages
Book Rating : 4.4/5 (267 download)

DOWNLOAD NOW!


Book Synopsis Arbitration Clauses in Maritime Contracts by : Eleni Magklasi

Download or read book Arbitration Clauses in Maritime Contracts written by Eleni Magklasi and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--

Jurisdiction and Arbitration Clauses in Maritime Transport Documents

Download Jurisdiction and Arbitration Clauses in Maritime Transport Documents PDF Online Free

Author :
Publisher : Springer Science & Business Media
ISBN 13 : 3642102220
Total Pages : 294 pages
Book Rating : 4.6/5 (421 download)

DOWNLOAD NOW!


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 and published by Springer Science & Business Media. This book was released on 2010-01-11 with total page 294 pages. 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

Download Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea PDF Online Free

Author :
Publisher : Taylor & Francis
ISBN 13 : 1000297497
Total Pages : 160 pages
Book Rating : 4.0/5 (2 download)

DOWNLOAD NOW!


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 and published by Taylor & Francis. This book was released on 2021-03-09 with total page 160 pages. 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

On Jurisdiction and Arbitration Clauses in Maritime Contracts

Download On Jurisdiction and Arbitration Clauses in Maritime Contracts PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : 402 pages
Book Rating : 4.:/5 (168 download)

DOWNLOAD NOW!


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 and published by . This book was released on 1960 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Theory, Law and Practice of Maritime Arbitration

Download Theory, Law and Practice of Maritime Arbitration PDF Online Free

Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403530316
Total Pages : 172 pages
Book Rating : 4.4/5 (35 download)

DOWNLOAD NOW!


Book Synopsis Theory, Law and Practice of Maritime Arbitration by : Eva Litina

Download or read book Theory, Law and Practice of Maritime Arbitration written by Eva Litina and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Arbitration Clauses in Maritime Contracts and Their Binding Effect on Groups of Companies

Download Arbitration Clauses in Maritime Contracts and Their Binding Effect on Groups of Companies PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (122 download)

DOWNLOAD NOW!


Book Synopsis Arbitration Clauses in Maritime Contracts and Their Binding Effect on Groups of Companies by : Karin A. Schlosser

Download or read book Arbitration Clauses in Maritime Contracts and Their Binding Effect on Groups of Companies written by Karin A. Schlosser and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Arbitration Clauses and Third Parties

Download Arbitration Clauses and Third Parties PDF Online Free

Author :
Publisher : Taylor & Francis
ISBN 13 : 1000899772
Total Pages : 323 pages
Book Rating : 4.0/5 (8 download)

DOWNLOAD NOW!


Book Synopsis Arbitration Clauses and Third Parties by : Asli Arda

Download or read book Arbitration Clauses and Third Parties written by Asli Arda and published by Taylor & Francis. This book was released on 2023-07-18 with total page 323 pages. 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.

Standard Clauses in International Contracts. The Arbitration Clause

Download Standard Clauses in International Contracts. The Arbitration Clause PDF Online Free

Author :
Publisher : GRIN Verlag
ISBN 13 : 3668696098
Total Pages : 20 pages
Book Rating : 4.6/5 (686 download)

DOWNLOAD NOW!


Book Synopsis Standard Clauses in International Contracts. The Arbitration Clause by : Joy Mutimba

Download or read book Standard Clauses in International Contracts. The Arbitration Clause written by Joy Mutimba and published by GRIN Verlag. This book was released on 2018-05-02 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2018 in the subject Law - Miscellaneous, grade: A, Lyon Catholic University, course: International Contract Law, language: English, abstract: The paper discusses the Definition and Purpose of the Arbitration Clause, Two Types of Contracts where the Arbitration Clause is typically found, Legal Basis & Regime, Differences in the use and interpretation of the Contract Clause between common law and civil law jurisdictions. You may use your home jurisdictions as illustrative, and Proper drafting of the Contract Clause and advice to avoid the pitfalls of relying on a “boilerplate” clause.

The Enforceability in Law of Arbitration and Jurisdiction Clauses in Maritime Contracts

Download The Enforceability in Law of Arbitration and Jurisdiction Clauses in Maritime Contracts PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : 432 pages
Book Rating : 4.:/5 (123 download)

DOWNLOAD NOW!


Book Synopsis The Enforceability in Law of Arbitration and Jurisdiction Clauses in Maritime Contracts by : Mark James Dubois

Download or read book The Enforceability in Law of Arbitration and Jurisdiction Clauses in Maritime Contracts written by Mark James Dubois and published by . This book was released on 1984 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Analysis of Arbitration Clauses in Conference Contracts Filed with the Federal Maritime Commission

Download Analysis of Arbitration Clauses in Conference Contracts Filed with the Federal Maritime Commission PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : 18 pages
Book Rating : 4.:/5 (83 download)

DOWNLOAD NOW!


Book Synopsis Analysis of Arbitration Clauses in Conference Contracts Filed with the Federal Maritime Commission by : Robert Coulson

Download or read book Analysis of Arbitration Clauses in Conference Contracts Filed with the Federal Maritime Commission written by Robert Coulson and published by . This book was released on 1964 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Arbitration Clauses for International Contracts - 2nd Edition

Download Arbitration Clauses for International Contracts - 2nd Edition PDF Online Free

Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833068
Total Pages : 368 pages
Book Rating : 4.9/5 (338 download)

DOWNLOAD NOW!


Book Synopsis Arbitration Clauses for International Contracts - 2nd Edition by : Paul D. Friedland

Download or read book Arbitration Clauses for International Contracts - 2nd Edition written by Paul D. Friedland and published by Juris Publishing, Inc.. This book was released on 2007-07-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book, by a leading international arbitration practitioner, offers suggested language for every option that a drafter of an international arbitration clause may need. Following a succinct assessment of the choice between arbitration and litigation and commentary on the choices among arbitration fora and formats, the author presents an accessible how-to for drafting. While other works offer theory and a smattering of drafting tips, there is no other comprehensive collection of workable language, presented accessibly with easy-to-reference appendices. This book will be a standard reference for both in-house counsel and outside practitioners. This book provides, in an accessible format, clauses that address all the significant issues that contracting parties face, and in any event should consider, when they decide to draft a dispute resolution clause for an international contract. Those who wish immediate access to suggested language may turn directly to the Appendices. Those who wish to understand the analysis that leads to the suggested language should read the text."--Publisher's website.

London Maritime Arbitration

Download London Maritime Arbitration PDF Online Free

Author :
Publisher : Taylor & Francis
ISBN 13 : 1317213564
Total Pages : 1088 pages
Book Rating : 4.3/5 (172 download)

DOWNLOAD NOW!


Book Synopsis London Maritime Arbitration by : Clare Ambrose

Download or read book London Maritime Arbitration written by Clare Ambrose and published by Taylor & Francis. This book was released on 2017-08-15 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its fourth edition, this book provides detailed and practical guidance on how London Maritime Arbitration works in practice, against the background of English arbitration law and the Arbitration Act 1996. This unique title is the only book on the market that offers a practical focus on maritime disputes, while also providing a clear exposition of general principles of English arbitration law, with discussion and analysis of applicable legislation and case law. Arbitration practitioners will find everything that they need in one comprehensive book. New to this edition: Guidance on the new LMAA Terms 2017 against the background of English arbitration law, including the Arbitration Act 1996. Fully updated case law and analysis of legal developments, including Brexit. Comparative references to ad hoc and LCIA arbitration. New section on salvage arbitration, Brexit, third party funding. Summaries comparing alternative jurisdictions including Singapore, Hong Kong, Hamburg and New York This book will be invaluable to maritime arbitration practitioners both in private practice and in-house, as well as maritime professionals, such as those working at P&I Clubs, brokers, ship owners, managers and charterers; and more generally to anybody concerned with London arbitration.

London Maritime Arbitration

Download London Maritime Arbitration PDF Online Free

Author :
Publisher : Infroma Law
ISBN 13 :
Total Pages : 582 pages
Book Rating : 4.3/5 (243 download)

DOWNLOAD NOW!


Book Synopsis London Maritime Arbitration by : Clare Ambrose

Download or read book London Maritime Arbitration written by Clare Ambrose and published by Infroma Law. This book was released on 2002 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a practical and concise guide to London maritime arbitrations that sets out the procedures and problems that may arise at each stage of an arbitration. By reference to individual cases and statutory provisions, it provides guidance on how to approach in practice such problems as the appointment of arbitrators, fees, costs of arbitration, security for costs, mareva injunctions, and dismissal of claims for want of prosecution. This work has been structured to reflect the far-reaching effects that the Arbitration Bill may have on London maritime arbitrations.

Incorporation by Reference of Arbitration Agreements in International Maritime Arbitration

Download Incorporation by Reference of Arbitration Agreements in International Maritime Arbitration PDF Online Free

Author :
Publisher :
ISBN 13 :
Total Pages : 31 pages
Book Rating : 4.:/5 (13 download)

DOWNLOAD NOW!


Book Synopsis Incorporation by Reference of Arbitration Agreements in International Maritime Arbitration by : Carlos Esplugues

Download or read book Incorporation by Reference of Arbitration Agreements in International Maritime Arbitration written by Carlos Esplugues and published by . This book was released on 2019 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: International maritime industry constitutes one of the areas in which the resource to arbitration and other ADR devices have enjoyed a traditional and far-reaching character. This trend has increased in recent years due both to the highly complex nature of the maritime industry and to the costs and delays that referring disputes to public courts encompass. However, international maritime arbitration cannot be approached as a unitary reality as regards those disputes referred to it and prospective maritime controversies may heavily differ one from each other. In this article we will deal with the legal regime of arbitration agreements in the specific field of disputes arising out of the use of the ship or the carriage of goods on board. We will specifically refer to the solutions provided to the issue of the validity of the incorporation by reference of charterparty's arbitration clauses in Bills of Lading (B/L) in some relevant jurisdictions and regulations.

Arbitration Clauses and Third Parties

Download Arbitration Clauses and Third Parties PDF Online Free

Author :
Publisher : Routledge
ISBN 13 : 9781032215013
Total Pages : 0 pages
Book Rating : 4.2/5 (15 download)

DOWNLOAD NOW!


Book Synopsis Arbitration Clauses and Third Parties by : Aslı Arda

Download or read book Arbitration Clauses and Third Parties written by Aslı Arda and published by Routledge. This book was released on 2023 with total page 0 pages. 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"--

East European Rules on the Validity of International Commercial Arbitration Agreements

Download East European Rules on the Validity of International Commercial Arbitration Agreements PDF Online Free

Author :
Publisher : Manchester University Press
ISBN 13 :
Total Pages : 352 pages
Book Rating : 4./5 ( download)

DOWNLOAD NOW!


Book Synopsis East European Rules on the Validity of International Commercial Arbitration Agreements by : Ludwik Kos-Rabcewicz-Zubkowski

Download or read book East European Rules on the Validity of International Commercial Arbitration Agreements written by Ludwik Kos-Rabcewicz-Zubkowski and published by Manchester University Press. This book was released on 1970 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: