The Legal Framework for Choice of Forum Clauses in Maritime Transport Documents

Abstract

The legal framework for choice of forum clauses in maritime transport documents is relatively complex and deserves particular attention. They may be affected by international conventions, admiralty law, procedural law, ordinary contract law and specific legislation. Moreover, jurisdiction and arbitration agreements are situated at an intersection of procedural and substantive law. Besides the “horizontal” conflict of laws, which is always an issue in international contracts, there is a “vertical” conflict of laws created by federal systems which needs to be addressed. This may be self-evident regarding the law of the United States, but the ongoing European integration and the growing importance and extent of EU legislation has led to similar structures within the European Union. The following paragraphs will shed some light on these various issues, by describing the applicable laws, clarifying their relation and their scope.