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Arbitration clauses are sacrosanct in maritime contracts. Standard forms of charterparties and bills of lading reflect a desire to trade over the trusted dispute resolution choice of arbitration. However, when incorporating arbitration clauses, disputes and interpretational complexities continue to arise evidencing that the law is not settled yet. This book introduces a holistic evaluation of the commercial reasons and the legal principles that permeate the incorporation of arbitration clauses in modern maritime contracts, contrasting arbitration with exclusive jurisdiction clauses, where appropriate.
The book presents a modern specialised legal study of incorporation of arbitration clauses into maritime contracts, considering recent developments and long-established principles of incorporation.
Offering a thorough research into English, European, and Chinese law, with the objective to assess how the incorporation of arbitration principles crystallises through the years, the book will be of interest to researchers, legal practitioners, and commercial parties.
List of contents
Introduction
Chapter 1. The preliminary steps towards finding the law that will determine incorporation of an arbitration clause into the bill of lading
Chapter 2. Identifying the prerequisites for the valid incorporation of charterparty arbitration clauses into bills of lading under English law
Chapter 3. The sequel in the construction of arbitration clauses: the eternal battle of arbitration clauses versus jurisdiction clauses
Chapter 4. The idiosyncratic status of arbitration clauses shines through: the legal principles and their synergies with emphasis on the EU legal framework
Chapter 5. Arbitral awards vs judgments: are arbitration clauses and jurisdiction clauses truly equivalent?
Chapter 6. Final conclusion
Bibliography
About the author
Eleni (Lena) Magklasi is a lecturer in commercial law at the Dickson Poon School of Law at King’s College London and a fellow of the Higher Education Academy. She is a Solicitor of the Senior Courts of England and Wales. She is also an attorney-at-law and a member of the Athens Bar Association. She obtained her PhD in international commercial law from the University of Southampton with full scholarship from the School of Law. She holds an LLM in Maritime Law from the University of Southampton and an LLB from the National and Kapodistrian University of Athens.
Summary
The book presents a modern specialised legal study of incorporation of arbitration clauses into maritime contracts, considering recent developments and long-established principles of incorporation.
