The Role of Arbitration in Shipping Law

Hardcover | July 16, 2016

EditorMiriam Goldby, Loukas Mistelis

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The financial crisis of 2007-08 saw a marked increase in global shipping disputes that is still being felt today. In recent decades, arbitration has emerged as the dominant choice of dispute resolution in the global shipping industry, with the establishment of major maritime arbitrationcentres in London and New York, and the recent emergence of new centres such as Singapore and China.At the same time, the immense advances that have been made and continue to be made in engineering, technology, and communications have led to the emergence of innumerable new trade practices, common understandings, and usages within which goods are carried by sea across the world, but which, becauseof the widespread use of alternative fora for dispute resolution, may be invisible to and unrecognized by domestic laws. This book asks: What are the implications of widespread use of arbitration for the continued development of shipping law? Are national laws on shipping destined to become ossifiedand obsolete? Is a new lex maritima emerging? And, most importantly, what is the role of the arbitral process in the evolution of shipping law?The Role of Arbitration in Shipping Law brings together cutting-edge analysis of the development of shipping law and the role of arbitration within it, with contributions from a team of world-class academics and practitioners.

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The financial crisis of 2007-08 saw a marked increase in global shipping disputes that is still being felt today. In recent decades, arbitration has emerged as the dominant choice of dispute resolution in the global shipping industry, with the establishment of major maritime arbitrationcentres in London and New York, and the recent eme...

Miriam Goldby is Senior Lecturer in Shipping, Insurance, and Commercial Law at the Centre for Commercial Law Studies, Queen Mary University of London. She is Deputy Director of the Centre's Insurance Law Institute and Convenor of the MA in Law by Research Programme. She has written extensively on various areas of commercial and financi...

other books by Miriam Goldby

Format:HardcoverDimensions:320 pages, 9.69 × 6.73 × 0.01 inPublished:July 16, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198757948

ISBN - 13:9780198757948

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Table of Contents

Foreword1. Loukas Mistelis and Miriam Goldby: IntroductionPart I: How Practices Become Norms: The Continued Development of Shipping Law2. Rhidian Thomas: The Significance of Commercial Custom, Usages, and Practice in the Resolution of Commercial Disputes3. Miriam Goldby: Enforceability of 'Spontaneous Law' in England: Some evidence from recent shipping cases4. Bryan Druzin: Spontaneous Standardization and the New Lex Maritima5. Andromachi Georgosouli: Reflections: Standardization Theory and the Limits of its ApplicabilityPart II: To Arbitrate or Not to Arbitrate? The grey area of contracts of carriage6. Michael F Sturley: The Modern International Conventions Governing the Carriage of Goods by Sea: The lonely exceptions to the maritime law's widespread preference for arbitration7. Yvonne Baatz: Should Third Parties be Bound by Arbitration Clauses in Bills of Lading?Part III: Where to Arbitrate? Disctinctive features of maritime arbitral seats8. Loukas Mistelis: Reflections: Competition of Arbitral Seats in Attracting Maritime Arbitration Disputes9. Ian Gaunt: Reflections: Maritime Arbitration in London: Publication of awards, appeals, and the development of English commercial law10. Manuel Alba: Maritime Arbitration and the Spanish Experience: The delocalization of dispute resolution and the shirnking recourse to arbitration in Spain11. Guo Yu: The Role of Maritime Arbitration in China12. Leng Sun Chan: Reflections: Common Types of Shipping Arbitration in Singapore and LondonPart IV: The Role of Arbitrators in the Development of Shipping Law13. Gralf-Peter Calliess and Annika Klopp: Lex Maritima: Vanishing commercial trial; fading domestic law?14. Andreas Maurer: Transnational Shipping Law: The role of private legal actors in international shipping15. Clare Ambrose: Reflections: The Role of Standard Forms and Arbitrators in Developing a Transnational Law of Shipping16. Olivier Cachard: The Role of Arbitrators and the Possibility of a Genuine Arbitral Case Law: The continental perspective17. John Kimball: Reflections: The Importance of Expertise in Maritime Arbitration: Observations from New York18. Bernard Rix: Reflections: The Contribution of Arbitration to the Law19. Jonathan Lux: Reflections: Dispute Resolution in the Maritime World: Arbitrators in support of mediation?