Some Current Developments in International Maritime Arbitration
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In the last decades we have witnessed a tremendous increase in the resort to arbitration and several other ADR devices for reaching a fair and rapid solution to disputes arising in civil and commercial matters. This trend, which is noticeable both as regards domestic and international disputes,1 is common to almost all western countries. This tendency, for instance, is clearly perceived in the new art. 81(g)2 of the Treaty establishing the European Community – renamed as the “Treaty on the Functioning of the European Union” by the Treaty of Lisbon of December 13th, 2007 – which sets out the necessity for the European Parliament and the Council to adopt measures aimed at ensuring: “the development of alternative methods of dispute settlement”. Focusing on arbitration, the widespread resource to this device as the way to solve present or future disputes has been accompanied in practice by an enormous increase worldwide in the number of Arbitration Centers and by an unprecedented number of new national Arbitration Acts, many of them endorsing the UNCITRAL Model Law on International Commercial Arbitration, of 1985.3 International maritime industry comes out as one of these areas in which the resource to arbitration and other ADR devices have enjoyed a traditional and farreaching character.4 Historically, a trend has existed for those disputes arising out of international maritime transport to be referred to arbitration, ousting the jurisdiction of national courts. In fact, this bias has increased in recent years due both to the highly complex nature of the maritime industry and to the costs and delays that referring disputes to public courts encompass.
KeywordsNational Court English Court Arbitration Clause Arbitration Proceeding Arbitration Agreement
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