JURISDICTION AND ARBITRATION CLAUSES IN MARITIME TRANSPORT DOCUMENTS
|D O W N L O A D|
There are many articles and books available today and covering the jurisdiction and arbitration considered two mechanisms developed to ensure the predictability and impartiality of the dispute resolution internationally. However, most of those publications are not dealing with the maritime context.
In addition, it shall be noted that they are quite seldom juxtaposed and there are little to no comparative treaties authored. The author of the present volume has attempted to fill this void since there were many reasons to undertake such effort. Subject clauses are connected to the transport documentation.
Since the maritime trade is of international character, quite significant portion of the internationally available forum agreements is originating from the maritime contracts. The content of this document mainly bases on the comparative approach, seeking to explain the rules existing today within the legal context and also to create a coherent system for jurisdiction and arbitration clauses, taking into account all underlying interests and economic theory.
It offers detailed answers to the major questions of jurisdiction/arbitration clauses while confronting the fundamental question of freedom limitation.
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