The Role of Arbitration in Shipping Law

by Goldby, Miriam; Mistelis, Loukas

• ISBN13: 9780191826351
• ISBN10: 0191826359
• Format: eBook
• Copyright: 2016-05-12
• Publisher: Oxford University Press

Summary

The financial crisis of 2007-08 saw a marked increase in global shipping disputes that is still being felt today. In recent decades, arbitration has emerged as the dominant choice of dispute resolution in the global shipping industry, with the establishment of major maritime arbitration centers in London and New York, and the recent emergence of new centers such as Singapore and China.

At the same time, the immense advances that have been made and continue to be made in engineering, technology, and communications have led to the emergence of innumerable new trade practices, common understandings, and usages within which goods are carried by sea across the world, but which, because of the widespread use of alternative fora for dispute resolution, may be invisible to and unrecognized by domestic laws. This book asks: What are the implications of widespread use of arbitration for the continued development of shipping law? Are national laws on shipping destined to become ossified and obsolete? Is a new lex maritima emerging? And, most importantly, what is the role of the arbitral process in the evolution of shipping law?

The Role of Arbitration in Shipping Law brings together cutting-edge analysis of the development of shipping law and the role of arbitration within it, with contributions from a team of world-class academics and practitioners.

Author Biography

Miriam Goldby, Senior Lecturer in Law, Queen Mary University of London,Loukas Mistelis, Director of the School of International Arbitration and Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration, Queen Mary University of London

Miriam Goldby is Senior Lecturer in Shipping, Insurance, and Commercial Law at the Centre for Commercial Law Studies, Queen Mary University of London. She is Deputy Director of the Centre's Insurance Law Institute and Convenor of the MA in Law by Research Programme. She has written extensively on various areas of commercial and financial law, and in particular maritime law.


Loukas Mistelis is Director of the School of International Arbitration and the Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration at Queen Mary University of London. He is an acknowledged authority on international dispute resolution, and has been listed as one of the 'leading lights in international arbitration'. His substantial arbitration experience covers ICC, ICSID, LCIA, UNCITRAL, SCC, Swiss Chambers, and Moscow cases.

Table of Contents

Foreword
1. Introduction, Loukas Mistelis and Miriam Goldby
Part I: How Practices Become Norms: The Continued Development of Shipping Law
2. Reflections: Maritime arbitration in London: publication of awards, appeals, and the development of English commercial law, Ian Gaunt
3. Reflections: Commercial custom, Rhidian Thomas
4. Enforceability of 'spontaneous law' in England: Some evidence from recent shipping cases, Miriam Goldby
5. The Rising Tide of Law: The new lex maritima and the possibility of stateless legal order, Bryan Druzin
6. Reflections: Standardization theory and the limits of its applicability, Andromachi Georgosouli
Part II: The Impact of Reduced Recourse to the Courts and the Rise of Arbitration in the World of Shipping
7. Lex Maritima: Vanishing commercial trial - vanishing domestic law?, Gralf-Peter Calliess
8. Reflections on New York Maritime Arbitration, John Kimball
9. Maritime Arbitration in the Spanish Experience: The delocalization of dispute resolution and the shrinking recourse to arbitration in Spain, Manuel Alba
10. The Role of Maritime Arbitration in China, Yu Guo
11. Reflections: Common types of shipping arbitration in Singapore and London, Leng Sun Chan
12. Should Third Parties be Bound by Arbitration Clauses in Bills of Lading?, Yvonne Baatz
13. The Modern International Conventions Governing the Carriage of Goods by Sea: The lonely exceptions to the maritime law's widespread preference for arbitration, Michael F Sturley
14. Reflections: Competition of arbitral seats in attracting maritime arbitration disputes, Loukas Mistelis
15. Reflections: Dispute resolution in the maritime world: arbitrators in support of mediation?, Jonathan Lux
Part III: The Role of Arbitrators in the Development of Shipping Law
16. Transnational Shipping Law: The role of private legal actors in international shipping, Andreas Maurer
17. Reflections: The role of standard forms and arbitrators in developing a transnational law of shipping, Clare Ambrose
18. The Role of Arbitrators and the Possibility of a Genuine Arbitral Case Law: The continental perspective, Olivier Cachard
19. Reflections: The role of arbitrators and the possibility of arbitral case law, Tomotaka Fujita
20. Reflections: The contribution of arbitration to the law, Bernard Rix