Jurisdiction and arbitration clauses in maritime transport documents : a comparative analysis / Felix Sparka.

Format:

Book

Author/Creator:

Sparka, Felix.

Series:

Hamburg studies on maritime affairs ; 19.

Hamburg studies on maritime affairs ; 19

Language:

English

Subjects (All):

Shipping.

Maritime law.

Physical Description:

1 online resource (292 p.)

Edition:

1st ed. 2010.

Place of Publication:

Berlin ; Heidelberg : Springer-Verlag, 2010.

Language Note:

English

Summary:

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.

Contents:

The Legal Framework for Choice of Forum Clauses in Maritime Transport Documents

Bills of Lading and other Maritime Transport Documents

Common Types of Choice of Forum Clauses in Maritime Transport Documents

Classification of Choice of Forum Clauses and their Separability from the Main Contract

Formal Requirements and the Incorporation of Choice of Forum Agreements

Inconvenient and Unfair Choice of Forum Clauses

The Effect of Mandatory Liability Rules on the Enforcement of Choice of Forum Clauses

The Effect of Choice of Forum Clauses on Third Party Cargo Receivers

Future Developments #x2013; the Hamburg Rules and Beyond

General Observations and Conclusions.

Notes:

Description based upon print version of record.

Includes bibliographical references.

ISBN:

1-282-83904-7

9786612839047

3-642-10222-0

OCLC:

663096462