Common Types of Choice of Forum Clauses in Maritime Transport Documents

Abstract

A thorough and accurate analysis of the legal aspects of choice of forum clauses in maritime transport documents requires due regard be given to the actual use of these clauses. Although it is not possible to consider all existing standard forms, many forms and clauses are duplicated with little variation.⁴⁰¹ This will allow identification of common types of choice of forum agreements and to concentrate the discussion in the subsequent chapters on the issues which are relevant in practice. In addition, an examination of the scope of choice of forum agreements will help to determine the impact of choice of forum agreements and the possibilities of evading their application, for example, by suing in tort instead of under the contract.