Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea: Limitations on Party Autonomy

Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea explores party autonomy and its limitations in relation to jurisdiction and arbitration clauses in contracts for sea carriage. It analyzes the existing law on recognition and validity and offers conclusions and lessons for the future.

Format: Paperback / softback
Length: 224 pages
Publication date: 09 January 2023
Publisher: Taylor & Francis Ltd

The book delves into the intricate realm of jurisdiction and arbitration agreements in contracts for the carriage of goods by sea, exploring the boundaries of party autonomy and their limitations in the context of cargo disputes. Taking a strategic perspective, the author focuses on the shipping companies and shipowners, recognizing their pivotal role as the driving forces of the shipping industry due to their immense strategic importance.

The book offers a comprehensive analysis of the existing legal framework governing the recognition and validity of jurisdiction and arbitration clauses in contracts for the carriage of goods by sea. It sheds light on the challenges and complexities arising from the fragmented legal landscape at the international, European Union, and national levels, particularly in England & Wales and Spain. Through this insightful examination, the author seeks to draw conclusions and impart valuable lessons for the future of the non-recognition and non-enforcement of these clauses within the existing fragmented legal framework.

One of the key insights of the book is the revelation of the lack of international harmonization in the legal regimes governing jurisdiction and arbitration agreements. It highlights the phenomenon of 'forum shopping,' where cargo interests engage in strategic litigation by suing shipowners or parties to whom the shipowner charters the vessel, seeking favorable jurisdictions. This interface between different legal regimes underscores the need for greater coherence and uniformity in the enforcement of these clauses to ensure fair and efficient dispute resolution.

The book is a valuable resource for students, scholars, and shipping lawyers alike. It provides a concise yet comprehensive overview of existing research in the field, offering insights into the legal developments, challenges, and opportunities associated with jurisdiction and arbitration agreements in the context of international trade. By presenting a balanced perspective and offering practical recommendations, the book contributes to the advancement of knowledge and understanding in this critical area of shipping law.

In conclusion, Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea is a thought-provoking and insightful book that sheds light on the complex dynamics of party autonomy and its limitations in the realm of cargo disputes. By examining the existing legal framework and exploring the challenges and opportunities arising from the fragmented legal landscape, the author provides valuable insights and recommendations for the future of jurisdiction and arbitration agreements in international trade. This book is a must-read for anyone interested in the shipping industry, legal scholars, and practitioners alike.

Weight: 408g
Dimension: 245 x 174 x 18 (mm)
ISBN-13: 9780367674809