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

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Jonatan Echebarria Fernández

Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea

Limitations on Party Autonomy

Jonatan Echebarria Fernández

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English

CRC Press
10 March 2021

Jurisprudence & general issues; Law of the sea; International maritime law; Commercial law

Series: Maritime and Transport Law Library

Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of any cargo dispute. The author takes the perspective of the shipping companies and the shipowners, as these are the driving forces of the shipping industry due to their strategic importance.

The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea. The author also seeks to provide conclusions and to learn lessons for the future of the non-recognition and the non-enforcement of the clauses in the existing fragmented legal framework at an international, European Union, and national level (England & Wales and Spain). The interface between the different legal regimes reveals the lack of international harmonisation and the existence of ‘forum shopping’ when a cargo interest sues the shipowner or the party to whom the shipowner charters the vessel.

This concise book provides a useful overview of existing research, for students, scholars and shipping lawyers

By: Jonatan Echebarria Fernández
Imprint: CRC Press
Country of Publication: United Kingdom
Dimensions: Height: 246mm, Width: 174mm,
Weight: 560g
ISBN: 9780367243463
ISBN 10: 0367243466
Series: Maritime and Transport Law Library
Pages: 224
Publication Date: 10 March 2021
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

PART I – PRELIMINARIES Chapter 1 Introduction PART II – JURISDICTION AND ARBITRATION AGREEMENTS IN CONTRACTS FOR THE CARRIAGE OF GOODS BY SEA Chapter 2 International jurisdiction and arbitration Chapter 3: Incorporation of the dispute resolution clauses contained in the charter party into the bill of lading PART III – LIMITATIONS ON JURISDICTION AND ARBITRATION AGREEMENTS IN MARITIME CARGO CLAIMS Chapter 4 Limitations on jurisdiction and arbitration agreements in case of cargo claims in tort and in bailment PART IV – LIMITATIONS ON JURISDICTION AND ARBITRATION AGREEMENTS BY THE ARREST OF SHIPS AND MANDATORY RULES Chapter 5 Party autonomy and the arrest of ships Chapter 6 Limitations on jurisdiction and arbitration clauses by public policy, mandatory rules and overriding mandatory rules in contracts for the carriage of goods by sea PART V – FINAL ANALYSIS Chapter 7 Conclusions and a new Perspective ANNEX I: Bibliography

Jonatan Echebarria Fernández is a Lecturer and the Academic Visitor Programme Director at the City Law School (City, University of London). He holds a PhD in Law from the Copenhagen Business School and he was awarded with the Claes Isacson Scholarship in 2016.