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Jurisdiction and Arbitration Clauses in Maritime Transport Documents

A Comparative Analysis

  • Felix Sparka

Part of the Hamburg Studies on Maritime Affairs book series (HAMBURG, volume 19)

About this book

Introduction

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.

Keywords

Arbitration Conflict of laws Dispute Resolution Enforcement International trade Maritime law

Authors and affiliations

  • Felix Sparka
    • 1
  1. 1.HamburgGermany

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-642-10222-6
  • Copyright Information Springer-Verlag Berlin Heidelberg 2010
  • Publisher Name Springer, Berlin, Heidelberg
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-3-642-10221-9
  • Online ISBN 978-3-642-10222-6
  • Series Print ISSN 1614-2462
  • Series Online ISSN 1867-9587
  • Buy this book on publisher's site