Jurisdiction and Arbitration Clauses in Maritime Transport Documents : A Comparative Analysis / by Felix Sparka.
2010
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Author
Title
Jurisdiction and Arbitration Clauses in Maritime Transport Documents : A Comparative Analysis / by Felix Sparka.
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Edition
1st ed. 2010.
Imprint
Berlin, Heidelberg : Springer Berlin Heidelberg : Imprint: Springer, 2010.
Description
XVIII, 282 p. online resource.
Series
Hamburg Studies on Maritime Affairs, International Max Planck Research School for Maritime Affairs at the University of Hamburg, 1614-2462 ; 19.
Formatted Contents Note
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.
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.
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.
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Language
English
ISBN
9783642102226
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