International Maritime Arbitration Organization

Theory, Law and Practice of Maritime Arbitration The Case of International Contracts for the Carriage of Goods by Sea Eva Litina It is estimated that over 80% of global trade by volume is carried by sea, making maritime transport a cornerstone of the global economy. Most disputes in the shipping industry are settled by distinctive, private arbitral proceedings that are best understood by a close examination of the standard form contracts that are used in practice and of the case law arising therefrom. Extrapolating insightfully from these sources, the author of this book examines in depth the phenomenon of maritime arbitration with a specific focus on contracts for the carriage of goods by sea. She offers the first comprehensive and comparative analysis of arbitral practice in the three jurisdictions where the most frequently selected maritime arbitral seats are located: London, New York, and Singapore. An analysis of the applicable rules and relevant case law in each jurisdiction provides the basis from which a comparative assessment of maritime arbitral seats is achieved. The book addresses the following key aspects of maritime arbitration: maritime arbitration’s definition, origins, theoretical underpinnings, socioeconomic context, and significance; the maritime-specific reasons for wide use of ad hoc versus institutional arbitration; the international instruments governing arbitration in contracts for the carriage of goods by sea; the shipping industry’s pursuit of self-regulation via standard form contracts; the arbitration agreement contained in standard form charterparties and bills of lading; maritime arbitration’s unique approach to judicial review, confidentiality, and arbitrator impartiality; the specific dispute resolution objectives that compel a comparative assessment of maritime arbitral seats; and the future of maritime arbitration in light of international political, financial, and technological developments. In addition to the three main maritime arbitral seats, the analysis touches on maritime arbitration in other relevant jurisdictions, such as Hong Kong, Greece, Japan, and Korea, thus affording a comparison of the process in common and civil law jurisdictions. The book concludes by considering the potential impact of the current international political landscape, and suggesting future perspectives and research in international maritime arbitration. An important addition to scholarship in this field of law, the book’s thorough assessment of the merits of the competing maritime arbitral seats—and its specific focus on maritime disputes—will prove of significant importance to arbitrators, law firms, in-house counsel of shipping companies, international organizations, and arbitration institutions and associations. Practitioners will discover all tools necessary to examine any case before the main maritime arbitral seats with full awareness of each applicable legal regime and its distinguishing features.

Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook contains valuable guidance on international commercial arbitration, including the management of arbitration disputes, how to select an international arbitral institution, an explanation of the effect of international public policy, the duties of arbitrators, the presentation and evaluation of evidence in international arbitration, and how to arbitrate against a state sovereign. The enforcement of international arbitral awards is explored, including interim relief and problems with enforcement, the New York Convention, parallel proceedings, and pivotal decisions such as Chromalloy and TermoRio. International mediation is also examined, including guidelines for selecting the best mediator for an international dispute, the power of mediation to resolve international commercial disputes, and the differences in U.S. and European approaches. Lastly, the section on investment and trade arbitration and mediation explores bilateral investment treaties, examines WTO arbitration procedures, offers advice on saving time and money in cross-border commercial disputes, and provides guidance for U.S. investors to follow in dealing with sovereign states. The chapters in the Handbook were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

This book is one of the most comprehensive guides to international maritime law from the Russian perspective. It consists of three relatively independent sections: Russian Maritime Law, International Public Maritime Law, and International Private Maritime Law. First section discusses the development of the maritime law as a branch of the Russian law. It examines concepts and sources of the Russian federal laws, secondary legislation and customs, including the influences guiding the future of Russian law of the sea. . The second section examines International Public Maritime Law including the principles, sources, subjects, as well legal status of the vessel, including the vessel's state flag, her name, state registration, the problem of "flags of convenience", vessel's documents, the crew, and the master. This section further details the current international legal regime of maritime spaces, provisions concerning legal protection of marine environments, ensuring navigation safety, international legal regulation of the work of seamen, international inter-governmental marine organizations, and settlement of international public marine disputes. The third section is devoted to International Private Maritime Law and discusses its principles and sources, conflict-of-law rules, structure and types, and the main choice-of-law principles used today in international private maritime law. This section also discusses the following institutions and sub-branches within international private maritime law including: carriage of cargoes and passengers by sea, general average, salvage, collisions of vessels, marine insurance, limitation of liability, inter

In the last few years, the quantity of books and papers on the political, economic and legal problems of the exploration and use of the sea and marine resources has considerably increased. But the status and activities of intern a tional organizations related to maritime shipping, fisheries, scientific research in the World Ocean and the protection of the marine environment have not yet, as a whole, been represented in the scientific and reference literature. It would be fair, though, to mention that some general information on marine international organizations may be found in the Yearbook of International Organizations, Brussels, 1979; in Annotated Acronyms and Abbreviations of Marine Science Related International Organizations, U. S. Department of Commerce, 1976; and in the UN Annotated Directory ofIntergovernmental Organizations Concerned with Ocean Affairs, 1976. Voluminous informa tion on organizations engaged in problems of the exploration and use ofthe sea is given in International Marine Organizations by the well-known Polish scientists Lopuski and Symonides, 1978. Meanwhile the increasing volume of practical work related to the participa tion of governmental and scientific bodies as well as individual scientists and specialists in these organizations, the necessity of long-term planning in this field, and the perspectives of the development of these organizations, make necessary a special publication depicting the structure and many-sided activi ties of such international bodies. This book is the first one in which the most complete information on the main marine international organizations is presented.