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Jurisdiction And Forum Selection In International Maritime Law
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Book Synopsis Jurisdiction and Forum Selection in International Maritime Law by : Robert Force
Download or read book Jurisdiction and Forum Selection in International Maritime Law written by Robert Force and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forum selection is typically the most crucial issue in a transnational case. Nowhere is this truer than in maritime law, where forum selection is the first and sometimes the only point of engagement in international maritime litigation. In this important collection of essays, ten outstanding maritime law scholars from eight countries analyze the complex theoretical and practical issues surrounding forum selection in maritime cases. Among the topics discussed are the following: injunctions; forum shopping for limitation of liability; forum non conveniens; effect of forum selection clauses; loss or damage to goods; the in personam link; and, recognition of foreign liens. The book stems from a symposium held at Tulane University in 2004 to honor the 70th birthday of Robert Force, the influential and respected scholar who founded the renowned Tulane Maritime Law Center. As befits such a festschrift, the book opens with a detailed analysis and overview of forum selection clauses, written by Professor Force and his Tulane colleague Martin Davies. This is followed by thought-provoking essays on comparative issues, procedural theory, competing jurisdictions, jurisdictional clauses, EC law, and other matters, and by insightful and knowledgeable reports on specific issues related to China and South Africa. At a moment in history when geopolitical trends and globalization of trade are rapidly growing and changing, maritime lawyers and the various agencies and commissions that sustain this vitally important branch of international legal practice will greatly appreciate this remarkable book.
Book Synopsis An Examination and Consideration of by : Jonathan M. Gutoff
Download or read book An Examination and Consideration of written by Jonathan M. Gutoff and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2005, a collection of essays on jurisdiction and forum selection in cases governed by shipping law was edited by Martin Davies and published in honor of his Tulane University colleague, Robert Force. In this article, Jonathan Gutoff of Roger Williams University responds to the essays. William Tetley wrote about jurisdiction in cases involving carriage of goods by sea and application in such cases of the doctrine of forum non conveniens. Davies and Force wrote together inviting US courts to temper with attention to equity their willingness to enforce a forum selection clause against cargo interests. John Hare writes of the opportunity for forum shopping with respect to limitation and security that follows from rigid enforcement of forum selection clauses. Nigel Meeson compares the reactions of common law and civil jurisdictions to the anti-suit injunction and about the problems in English law when third parties are involved. Alexander von Ziegler also focus on the problem of third parties not privy to the contract in which a forum is dictated and how that problem is affected by the various international conventions governing ocean commerce. Hannu Honka lays out the law of the EU pertaining to loss or damage to marine cargo and presents the contemporary mosaic in lieu of uniformity. Paul Myburgh writes about the problem of personal jurisdiction and its solutions in jurisdictions where the ship is not personified. Hilton Staniland describes the South African rule of lex fori for the enforcement of liens, and advocates instead a rule of lex causae. Peter Murray describes the emerging system in China, where its late arrival has allowed it the benefit of lessons learned in senior jurisdictions.
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.
Book Synopsis Jurisdiction and Forum Selection in International Maritime Law: Essays in Honour of Robert Force by : Martin (Ed.) Davies
Download or read book Jurisdiction and Forum Selection in International Maritime Law: Essays in Honour of Robert Force written by Martin (Ed.) Davies and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Forum Selection Clauses in International Maritime Contracts by : Robert and Martin Davies Force
Download or read book Forum Selection Clauses in International Maritime Contracts written by Robert and Martin Davies Force and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 and published by CRC Press. This book was released on 2013-12-17 with total page 595 pages. 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/
Book Synopsis Admiralty and Maritime Law in the United States by : David W. Robertson
Download or read book Admiralty and Maritime Law in the United States written by David W. Robertson and published by . This book was released on 2008 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: The maritime law of the United States is harmonious in broad outline with the laws of other maritime nations, but it has a unique structure--tied to the U.S. Constitution and the Judiciary Act of 1789--entailing a special set of intellectual challenges. Admiralty and Maritime Law in the United States is a leading casebook that reveals the areas of international harmony and explores U.S. law's special features. Each of the authors is an admiralty expert, but the book strives for a generalist's perspective. It aims to tie the admiralty field into the students' other studies while providing the fundamental professional tools necessary to the advanced study or practice of U.S. maritime law. Instructors new to admiralty found the first edition of Admiralty and Maritime Law to be an orderly and user-friendly introduction to the field. Experienced admiralty professors found the book to be well organized and thorough. In the second edition, the authors have drawn on these reports and their own teaching experiences. The book's basic organization and approach have been retained, but much of the second edition is brand-new. Older cases have yielded to leading new ones, new textual material has been added, and older textual material has been deleted or streamlined. Many of the cases that carried over from the first edition have been edited into shorter versions. The second edition incorporates the body of admiralty statutes that came into effect in October 2006 and the reformulated ("plain English") Federal Rules of Civil Procedure that took effect in December 2007. It includes the Supreme Court's dramatic new decisions in Stewart v. Dutra Construction Co., Norfolk Southern Railway v. Kirby, Norfolk Southern Railway v. Sorrell, and even--in a stop-the-press one-page summary--the June 2008 Exxon Valdez punitive damages case. When asked to identify the best new feature of the second edition, the authors respond: "There are 70 fewer pages of text." In three semester hours, one can teach all of it. For shorter or more ruminatively paced courses, the Teacher's Manual provides suggestions on what to omit. A 2012 Teacher's Manual is available as of July 2012; there is also a 2013-14 Supplement.
Book Synopsis The Law of Territorial Waters and Maritime Jurisdiction by : Philip Caryl Jessup
Download or read book The Law of Territorial Waters and Maritime Jurisdiction written by Philip Caryl Jessup and published by . This book was released on 1927 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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
Book Synopsis International Maritime and Commercial Law Yearbook by : Francis D. Rose
Download or read book International Maritime and Commercial Law Yearbook written by Francis D. Rose and published by . This book was released on 2007 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Journal of International Maritime Law by :
Download or read book The Journal of International Maritime Law written by and published by . This book was released on 2007 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Elements of Maritime International Law by : William De Burgh (B.A.)
Download or read book The Elements of Maritime International Law written by William De Burgh (B.A.) and published by . This book was released on 1868 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Jurisdiction over Ships by : Henrik Ringbom
Download or read book Jurisdiction over Ships written by Henrik Ringbom and published by BRILL. This book was released on 2015-08-11 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisdiction over Ships: Post-UNCLOS Developments in the Law of the Sea analyses international law developments in shipping since the adoption of the UN Convention on the Law of the Sea (UNCLOS) in 1982. The Convention’s rules on the rights and obligations of flag states, coastal states and port states, have by and large been accepted and adhered to by states, but the legal regime for the oceans is neither complete nor static, nor was it intended to be so. New issues have surfaced while old issues have changed their character. Developments in law and practice have already resulted in some divergences between the jurisdictional scheme outlined in UNCLOS and how states in reality exercise their jurisdiction over ships. In this book, 18 leading academics in the field study a number of such developments in more detail, providing a practical guide to the state of the law at present while at the same time offering insights into how international law develops in this field.
Book Synopsis Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles by : Neil Kaplan
Download or read book Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles written by Neil Kaplan and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.
Book Synopsis The Limits of Maritime Jurisdiction by : Clive H. Schofield
Download or read book The Limits of Maritime Jurisdiction written by Clive H. Schofield and published by Martinus Nijhoff Publishers. This book was released on 2013-11-28 with total page 812 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Limits of Maritime Jurisdiction, edited by Clive Schofield, Seokwoo Lee, and Moon-Sang Kwon, comprises 36 chapters by leading oceans scholars and practitioners devoted to both the definition of maritime limits and boundaries spatially and the limits of jurisdictional rights within claimed maritime zones. Contributions address conflicting maritime claims and boundary disputes, access to valuable marine resources, protecting the marine environment, maritime security and combating piracy, concerns over expanding activities and jurisdiction in Polar waters and the impact of climate change on the oceans, including the potential impact of sea level rise on the scope of claims to maritime zones. The volume therefore offers critical analysis on a range of important and frequently increasingly pressing contemporary law of the sea issues.
Book Synopsis Enforcement of Maritime Claims by : David Jackson
Download or read book Enforcement of Maritime Claims written by David Jackson and published by CRC Press. This book was released on 2013-08-22 with total page 1058 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition consists of consideration of all aspects of the jurisdiction of English courts and arbitrators over maritime claims, applicable law, judgments, remedies and security interests, including the continuing critical impact of membership of the European Union. The comprehensive updating encompasses legislative, convention and judicial developments since the publication of the last edition in 2000 – in particular the replacement of the amended Brussels Jurisdiction and Judgments Convention 1968 by Council Regulation 44/2001 and its effect on other maritime convention jurisdiction provisions, relevant Civil Procedure Rules and judicial interpretation of both.
Book Synopsis Enforcement of Maritime Claims by : David C. Jackson
Download or read book Enforcement of Maritime Claims written by David C. Jackson and published by . This book was released on 1996 with total page 914 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition has been updated and expanded to cover developments in maritime law, in particular those of the Brussels and Lugano conventions on jurisdictions and judgements and an additional chapter on limitation of liability.
