The Role of Arbitration in Shipping Law
Published on 30. June 2016
Book
Hardback
336 pages
978-0-19-875794-8 (ISBN)
Description
The financial crisis of 2007-08 saw a marked increase in global shipping disputes that is still being felt today. In recent decades, arbitration has emerged as the dominant choice of dispute resolution in the global shipping industry, with the establishment of major maritime arbitration centres in London and New York, and the recent emergence of new centres such as Singapore and China.
At the same time, the immense advances that have been made and continue to be made in engineering, technology, and communications have led to the emergence of innumerable new trade practices, common understandings, and usages within which goods are carried by sea across the world, but which, because of the widespread use of alternative fora for dispute resolution, may be invisible to and unrecognized by domestic laws. This book asks: What are the implications of widespread use of arbitration
for the continued development of shipping law? Are national laws on shipping destined to become ossified and obsolete? Is a new lex maritima emerging? And, most importantly, what is the role of the arbitral process in the evolution of shipping law?
The Role of Arbitration in Shipping Law brings together cutting-edge analysis of the development of shipping law and the role of arbitration within it, with contributions from a team of world-class academics and practitioners.
At the same time, the immense advances that have been made and continue to be made in engineering, technology, and communications have led to the emergence of innumerable new trade practices, common understandings, and usages within which goods are carried by sea across the world, but which, because of the widespread use of alternative fora for dispute resolution, may be invisible to and unrecognized by domestic laws. This book asks: What are the implications of widespread use of arbitration
for the continued development of shipping law? Are national laws on shipping destined to become ossified and obsolete? Is a new lex maritima emerging? And, most importantly, what is the role of the arbitral process in the evolution of shipping law?
The Role of Arbitration in Shipping Law brings together cutting-edge analysis of the development of shipping law and the role of arbitration within it, with contributions from a team of world-class academics and practitioners.
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Miriam Goldby | Loukas Mistelis
The Role of Arbitration in Shipping Law
E-Book
08/2016
OUP eBook
€117.99
Available for download
Persons
Miriam Goldby is Senior Lecturer in Shipping, Insurance, and Commercial Law at the Centre for Commercial Law Studies, Queen Mary University of London. She is Deputy Director of the Centre's Insurance Law Institute and Convenor of the MA in Law by Research Programme. She has written extensively on various areas of commercial and financial law, and in particular maritime law.
Loukas Mistelis is Director of the School of International Arbitration and the Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration at Queen Mary University of London. He is an acknowledged authority on international dispute resolution, and has been listed as one of the 'leading lights in international arbitration'. His substantial arbitration experience covers ICC, ICSID, LCIA, UNCITRAL, SCC, Swiss Chambers, and Moscow cases.
Loukas Mistelis is Director of the School of International Arbitration and the Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration at Queen Mary University of London. He is an acknowledged authority on international dispute resolution, and has been listed as one of the 'leading lights in international arbitration'. His substantial arbitration experience covers ICC, ICSID, LCIA, UNCITRAL, SCC, Swiss Chambers, and Moscow cases.
Editor
Senior Lecturer in LawSenior Lecturer in Law, Queen Mary University of London
Director of the School of International Arbitration and Clive M Schmitthoff Professor of Transnational Commercial Law and ArbitrationDirector of the School of International Arbitration and Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration, Queen Mary University of London
Content
Foreword; 1 Loukas Mistelis and Miriam Goldby: Introduction; Part I: How Practices Become Norms: The Continued Development of Shipping Law; 2 Rhidian Thomas: The Significance of Commercial Custom, Usages, and Practice in the Resolution of Commercial Disputes; 3 Miriam Goldby: Enforceability of 'Spontaneous Law' in England: Some evidence from recent shipping cases; 4 Bryan Druzin: Spontaneous Standardization and the New Lex Maritima; 5 Andromachi Georgosouli: Reflections: Standardization Theory and the Limits of its Applicability; Part II: To Arbitrate or Not to Arbitrate? The grey area of contracts of carriage; 6 Michael F Sturley: The Modern International Conventions Governing the Carriage of Goods by Sea: The lonely exceptions to the maritime law's widespread preference for arbitration; 7 Yvonne Baatz: Should Third Parties be Bound by Arbitration Clauses in Bills of Lading?; Part III: Where to Arbitrate? Disctinctive features of maritime arbitral seats; 8 Loukas Mistelis: Reflections: Competition of Arbitral Seats in Attracting Maritime Arbitration Disputes; 9 Ian Gaunt: Reflections: Maritime Arbitration in London: Publication of awards, appeals, and the development of English commercial law; 10 Manuel Alba: Maritime Arbitration and the Spanish Experience: The delocalization of dispute resolution and the shirnking recourse to arbitration in Spain; 11 Guo Yu: The Role of Maritime Arbitration in China; 12 Leng Sun Chan: Reflections: Common Types of Shipping Arbitration in Singapore and London; Part IV: The Role of Arbitrators in the Development of Shipping Law; 13 Gralf-Peter Calliess and Annika Klopp: Lex Maritima: Vanishing commercial trial; fading domestic law?; 14 Andreas Maurer: Transnational Shipping Law: The role of private legal actors in international shipping; 15 Clare Ambrose: Reflections: The Role of Standard Forms and Arbitrators in Developing a Transnational Law of Shipping; 16 Olivier Cachard: The Role of Arbitrators and the Possibility of a Genuine Arbitral Case Law: The continental perspective; 17 John Kimball: Reflections: The Importance of Expertise in Maritime Arbitration: Observations from New York; 18 Bernard Rix: Reflections: The Contribution of Arbitration to the Law; 19 Jonathan Lux: Reflections: Dispute Resolution in the Maritime World: Arbitrators in support of mediation?