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Jurisdiction and Arbitration Clauses in Maritime Transport Documents

Part of the Hamburg Studies on Maritime Affairs Book Series (volume 19)

DOI: 10.1007/978-3-642-10222-6

ISBN: 978-3-642-10221-9

Publisher: Springer Berlin Heidelberg - Springer Journals

Dec 16, 2009

1 - 10 of 11 Chapters

LitStream

Chapter 1Introduction

Sparka, Felix

Pages: 1 –18

[Numerous books and articles have been written about jurisdiction and arbitration agreements. Despite the abundance of literature, however, most of it does not specifically address the maritime context. Moreover, jurisdiction and arbitration agreements are seldom juxtaposed and almost no...
LitStream

Chapter 2The Legal Framework for Choice of Forum Clauses in Maritime Transport Documents

Sparka, Felix

Pages: 19 –38

[The legal framework for choice of forum clauses in maritime transport documents is relatively complex and deserves particular attention. They may be affected by international conventions, admiralty law, procedural law, ordinary contract law and specific legislation. Moreover, jurisdiction and...
LitStream

Chapter 3Bills of Lading and other Maritime Transport Documents

Sparka, Felix

Pages: 39 –61

[It is believed that as early as Roman times documents similar to the bill of lading were in use.245 Yet no formal sea code has survived from that time246 and it is not known how exactly bills of lading were devised. The first statutes date back to the eleventh century, which saw the rise of the...
LitStream

Chapter 4Common Types of Choice of Forum Clauses in Maritime Transport Documents

Sparka, Felix

Pages: 63 –80

[A thorough and accurate analysis of the legal aspects of choice of forum clauses in maritime transport documents requires due regard be given to the actual use of these clauses. Although it is not possible to consider all existing standard forms, many forms and clauses are duplicated with little...
LitStream

Chapter 5Classification of Choice of Forum Clauses and their Separability from the Main Contract

Sparka, Felix

Pages: 81 –98

[Classification and separability are two fundamental issues related to the doctrinal foundations of jurisdiction and arbitration clauses. The issue of separability concerns the relation between the main contract and the choice of forum clause, especially whether they may be subject to a different...
LitStream

Chapter 6Formal Requirements and the Incorporation of Choice of Forum Agreements

Sparka, Felix

Pages: 99 –123

[Formal requirements concern the mode of entering an agreement.623 Among the various formalities,624 the writing requirement is the most common. It may seem idle to analyze formal requirements, considering that this study deals with choice of forum agreements in maritime transport documents....
LitStream

Chapter 7Inconvenient and Unfair Choice of Forum Clauses

Sparka, Felix

Pages: 125 –152

[Most choice of forum clauses in maritime transport documents are unilaterally devised by carriers, with little regard to the convenience of shippers. While documents in liner trade usually contain jurisdiction clauses that confer exclusive jurisdiction on the courts at the carrier’s principal...
LitStream

Chapter 8The Effect of Mandatory Liability Rules on the Enforcement of Choice of Forum Clauses

Sparka, Felix

Pages: 153 –168

[At the outset, public policy is a choice of law concept, according to which the applicable rule of the forum will supplant a rule of foreign law if the foreign law is repugnant to the law of the forum. The public policy exception has also been applied to choice of forum clauses since choice of...
LitStream

Chapter 9The Effect of Choice of Forum Clauses on Third Party Cargo Receivers

Sparka, Felix

Pages: 169 –188

[Maritime transport contracts usually involve more than two parties. The main reason is that most contracts for the carriage of goods by sea are related to overseas sales contracts, where the seller is located in one country and the buyer in another country.1073 In these cases, it depends on the...
LitStream

Chapter 10Future Developments – the Hamburg Rules and Beyond

Sparka, Felix

Pages: 189 –217

[An analysis of choice of forum clauses in maritime transport documents would not be complete without a survey of the pertinent rules found in several international conventions which neither the United States, the United Kingdom nor Germany is a party to,1198 but which may eventually become part...

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