Arbitration Clauses in Maritime Contracts

- Publisher:
- Taylor & Francis Ltd.
- Publication date:
- 2024-01-01
- Authors:
- Eleni Magklasi
- ISBN:
- 9781003363750
Description:
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.
Index
- Table of cases
- Legislation, conventions, rules, and other instruments
- Chapter 101: Introduction
- Chapter 1: The preliminary steps towards finding the law that will determine incorporation of an arbitration clause into the bill of lading
- Chapter 2: Identifying the prerequisites for the valid incorporation of charterparty arbitration clauses into bills of lading under English law 1
- Chapter 3: The sequel in the construction of arbitration clauses
- Chapter 4: The idiosyncratic status of arbitration clauses shines through
- Chapter 5: Arbitral awards versus judgments
- Chapter 6: Final conclusion