Jurisdiction and Arbitration Clauses in Maritime Transport Documents

Author(s)                 Felix Sparka
Publisher Springer
Data 2010
Pages 282
Format pdf
Size 3.3 Mb

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   Numerous articles and books have been already written about jurisdiction and arbitration agreements. However, despite the abundance of literature, most of those books does not specifically address the maritime context. Above stated agreements are seldom juxtaposed. The author of the present book attempted to fill this collective void; there were good reasons to undertake this effort. Jurisdiction and arbitration clauses are closely connected to maritime transport documents. Maritime trade is inherently international and choice of forum agree-ments are part of every sea carnage document, and conversely, due to the sheer number of these documents, a large portion of all international choice of forum agreements is rooted in maritime contracts. Therefore, the development of a coherent system for jurisdiction and arbitration clauses in maritime transport documents is an essential element within the laraer framework of maritime trans-port and is seen as the second most important issue behind achieving realistic limits of liability." At the same time, the contours of this framework have implications beyond the maritime sector and they are likely to shape the perception of choice of forum agreements generally.

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