Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea: Limitations on Party Autonomy | 2021

Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea examines party autonomy and its limits in relation to jurisdiction and arbitration clauses within contracts for the carriage of goods by sea, particularly in the context of cargo disputes. The author approaches the topic from the perspective of shipping companies and shipowners, who play a central role in the shipping industry due to their strategic importance.

The book analyzes the current legal framework governing the recognition and validity of jurisdiction and arbitration clauses in maritime contracts. It also draws conclusions and offers lessons regarding the non-recognition and non-enforcement of such clauses within a fragmented international legal landscape, considering the international, European Union, and national levels (specifically England & Wales and Spain). The comparison of these legal regimes highlights the lack of international harmonization and the prevalence of ‘forum shopping’ when cargo interests pursue claims against shipowners or charterers.

Concise yet thorough, this book serves as a valuable resource for students, scholars, and maritime lawyers seeking an overview of the current research and legal practices in this field.

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

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

About the Author: