The Role of Arbitration in Shipping Law

Edited by Miriam Goldby and Loukas Mistelis

Contributions from world-class practitioners and academics, including Sir Bernard Rix, Rhidian Thomas, and John Kimball
Provides cutting-edge research and analysis into the current and future state of maritime law and arbitration
Offers both practical and theoretical approaches from the perspective of multiple jurisdictions
Contains sophisticated but accessible analysis of complex topics

The Role of Arbitration in Shipping Law

Edited by Miriam Goldby and Loukas Mistelis

Description

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 centres in London and New York, and the recent emergence of new centres 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.

The Role of Arbitration in Shipping Law

Edited by Miriam Goldby and Loukas Mistelis

Foreword
1:Introduction, Loukas Mistelis and Miriam Goldby
Part I: How Practices Become Norms: The Continued Development of Shipping Law
2:The Significance of Commercial Custom, Usages, and Practice in the Resolution of Commercial Disputes, Rhidian Thomas
3:Enforceability of 'Spontaneous Law' in England: Some evidence from recent shipping cases, Miriam Goldby
4:Spontaneous Standardization and the New Lex Maritima, Bryan Druzin
5:Reflections: Standardization Theory and the Limits of its Applicability, Andromachi Georgosouli
Part II: To Arbitrate or Not to Arbitrate? The grey area of contracts of carriage
6: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
7:Should Third Parties be Bound by Arbitration Clauses in Bills of Lading?, Yvonne Baatz
Part III: Where to Arbitrate? Disctinctive features of maritime arbitral seats
8:Reflections: Competition of Arbitral Seats in Attracting Maritime Arbitration Disputes, Loukas Mistelis
9:Reflections: Maritime Arbitration in London: Publication of awards, appeals, and the development of English commercial law, Ian Gaunt
10:Maritime Arbitration and the Spanish Experience: The delocalization of dispute resolution and the shirnking recourse to arbitration in Spain, Manuel Alba
11:The Role of Maritime Arbitration in China, Guo Yu
12:Reflections: Common Types of Shipping Arbitration in Singapore and London, Leng Sun Chan
Part IV: The Role of Arbitrators in the Development of Shipping Law
13:Lex Maritima: Vanishing commercial trial; fading domestic law?, Gralf-Peter Calliess and Annika Klopp
14:Transnational Shipping Law: The role of private legal actors in international shipping, Andreas Maurer
15:Reflections: The Role of Standard Forms and Arbitrators in Developing a Transnational Law of Shipping, Clare Ambrose
16:The Role of Arbitrators and the Possibility of a Genuine Arbitral Case Law: The continental perspective, Olivier Cachard
17:Reflections: The Importance of Expertise in Maritime Arbitration: Observations from New York, John Kimball
18:Reflections: The Contribution of Arbitration to the Law, Bernard Rix
19:Reflections: Dispute Resolution in the Maritime World: Arbitrators in support of mediation?, Jonathan Lux

The Role of Arbitration in Shipping Law

Edited by Miriam Goldby and Loukas Mistelis

Author Information

Edited by Miriam Goldby, Senior Lecturer in Law, Queen Mary University of London, and 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.

Contributors:

Manuel Alba - University Carlos III, Madrid
Clare Ambrose - 20 Essex Street
Yvonne Baatz - University of Southampton
Olivier Cachard - University of Nancy 2
Gralf-Peter Calliess - University of Bremen
Leng Sun Chan - Baker & McKenzie International
Bryan Druzin - The Chinese University of Hong Kong
Ian Gaunt - The London Maritime Arbitrators Association
Andromachi Geogosouli - Centre for Commercial Law Studies (CCLS), Queen Mary University of London (QMUL)
Miriam Goldby - CCLS, QMUL
Yu Guo - Peking University
John D Kimball - Blank Rome LLP
Jonathan Lux - Stone Chambers
Andreas Maurer - University of Bremen
Loukas Mistelis - CCLS, QMUL
Sir Bernard Rix - CCLS, QMUL, and 20 Essex Street
Michael F. Sturley - University of Texas
Rhidian Thomas - University of Swansea