Jurisdiction and Arbitration Clauses in Maritime Transport Documents A Comparative Analysis
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 probl...
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| Format: | eBook |
| Language: | English |
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Berlin, Heidelberg
Springer Berlin Heidelberg
2010, 2010
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| Edition: | 1st ed. 2010 |
| Series: | Hamburg Studies on Maritime Affairs, International Max Planck Research School for Maritime Affairs at the University of Hamburg
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| Collection: | Springer eBooks 2005- - Collection details see MPG.ReNa |
Table of 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