ENGLISH

Jurisdiction and Arbitration Clauses in Maritime Transport Documents: A Comparative Analysis

By Felix Sparka (auth.)

Book information

Publisher
Springer-Verlag Berlin Heidelberg
Year
2010
ISBN
3642102212, 9783642102219
DOI
10.1007/978-3-642-10222-6
LCC
K1150 .S68 2010
Open Library ID
OL24383087M
Language
english
Format
PDF
Filesize
3 MB (3657629 bytes)
Series
Hamburg Studies on Maritime Affairs 19
Edition
1
Pages
282\293
Topic
Education
Time added
2011-06-04 13:46:07
International & Foreign Law/Comparative Law

Description

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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