Arbitration Clauses in Maritime Contracts

Author:   Eleni Magklasi
Publisher:   Taylor & Francis Ltd
ISBN:  

9781032426747


Pages:   236
Publication Date:   28 June 2024
Format:   Hardback
Availability:   In Print   Availability explained
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Arbitration Clauses in Maritime Contracts


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Overview

Arbitration clauses are sacrosanct in maritime contracts. Standard forms of charterparties and bills of lading reflect a desire to trade over the trusted dispute resolution choice of arbitration. However, when incorporating arbitration clauses, disputes and interpretational complexities continue to arise evidencing that the law is not settled yet. This book introduces a holistic evaluation of the commercial reasons and the legal principles that permeate the incorporation of arbitration clauses in modern maritime contracts, contrasting arbitration with exclusive jurisdiction clauses, where appropriate. The book presents a modern specialised legal study of incorporation of arbitration clauses into maritime contracts, considering recent developments and long-established principles of incorporation. Offering a thorough research into English, European, and Chinese law, with the objective to assess how the incorporation of arbitration principles crystallises through the years, the book will be of interest to researchers, legal practitioners, and commercial parties.

Full Product Details

Author:   Eleni Magklasi
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Weight:   0.650kg
ISBN:  

9781032426747


ISBN 10:   1032426748
Pages:   236
Publication Date:   28 June 2024
Audience:   College/higher education ,  Professional and scholarly ,  Postgraduate, Research & Scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Introduction Chapter 1. The preliminary steps towards finding the law that will determine incorporation of an arbitration clause into the bill of lading Chapter 2. Identifying the prerequisites for the valid incorporation of charterparty arbitration clauses into bills of lading under English law Chapter 3. The sequel in the construction of arbitration clauses: the eternal battle of arbitration clauses versus jurisdiction clauses Chapter 4. The idiosyncratic status of arbitration clauses shines through: the legal principles and their synergies with emphasis on the EU legal framework Chapter 5. Arbitral awards vs judgments: are arbitration clauses and jurisdiction clauses truly equivalent? Chapter 6. Final conclusion Bibliography

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Author Information

Eleni (Lena) Magklasi is a lecturer in commercial law at the Dickson Poon School of Law at King’s College London and a fellow of the Higher Education Academy. She is a Solicitor of the Senior Courts of England and Wales. She is also an attorney-at-law and a member of the Athens Bar Association. She obtained her PhD in international commercial law from the University of Southampton with full scholarship from the School of Law. She holds an LLM in Maritime Law from the University of Southampton and an LLB from the National and Kapodistrian University of Athens.

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