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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
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The Role of Arbitration in Shipping Law

Edited by: Miriam Goldby, Loukas Mistelis

ISBN13: 9780198757948
Published: June 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £125.00

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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.

Shipping, Transport and Maritime Law, Arbitration and Dispute Resolution
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