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Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of any cargo dispute. The author takes the perspective of the shipping companies and the shipowners, as these are the driving forces of the shipping industry due to their strategic importance.
The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea. The author also seeks to provide conclusions and to learn lessons for the future of the non-recognition and the non-enforcement of the clauses in the existing fragmented legal framework at an international, European Union, and national level (England & Wales and Spain). The interface between the different legal regimes reveals the lack of international harmonisation and the existence of 'forum shopping' when a cargo interest sues the shipowner or the party to whom the shipowner charters the vessel.
This concise book provides a useful overview of existing research, for students, scholars and shipping lawyers
Inhaltsverzeichnis
PART I - PRELIMINARIESChapter 1 IntroductionPART II - JURISDICTION AND ARBITRATION AGREEMENTS IN CONTRACTS FOR THE CARRIAGE OF GOODS BY SEAChapter 2 International jurisdiction and arbitrationChapter 3: Incorporation of the dispute resolution clauses contained in the charter party into the bill of ladingPART III - LIMITATIONS ON JURISDICTION AND ARBITRATION AGREEMENTS IN MARITIME CARGO CLAIMSChapter 4 Limitations on jurisdiction and arbitration agreements in case of cargo claims in tort and in bailment PART IV - LIMITATIONS ON JURISDICTION AND ARBITRATION AGREEMENTS BY THE ARREST OF SHIPS AND MANDATORY RULESChapter 5 Party autonomy and the arrest of shipsChapter 6 Limitations on jurisdiction and arbitration clauses by public policy, mandatory rules and overriding mandatory rules in contracts for the carriage of goods by seaPART V - FINAL ANALYSISChapter 7 Conclusions and a new PerspectiveANNEX I: Bibliography
Über den Autor / die Autorin
Jonatan Echebarria Fernández is a Lecturer and the Academic Visitor Programme Director at the City Law School (City, University of London). He holds a PhD in Law from the Copenhagen Business School and he was awarded with the Claes Isacson Scholarship in 2016.
Zusammenfassung
The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea.
