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Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea - Limitations on Party Autonomy (Hardcover)
Loot Price: R5,528
Discovery Miles 55 280
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Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea - Limitations on Party Autonomy (Hardcover)
Series: Maritime and Transport Law Library
Expected to ship within 12 - 19 working days
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Jurisdiction and Arbitration Agreements in Contracts for the
Carriage of Goods by Sea focuses on party autonomy and its
limitations in relation to jurisdiction and arbitration clauses
included in contracts for the carriage of goods by sea in case of
any cargo dispute. The author takes the perspective of the shipping
companies and the shipowners, as these are the driving forces of
the shipping industry due to their strategic importance. The book
provides an analysis of the existing law on the recognition and
validity of jurisdiction and arbitration clauses in the contracts
for the carriage of goods by sea. The author also seeks to provide
conclusions and to learn lessons for the future of the
non-recognition and the non-enforcement of the clauses in the
existing fragmented legal framework at an international, European
Union, and national level (England & Wales and Spain). The
interface between the different legal regimes reveals the lack of
international harmonisation and the existence of 'forum shopping'
when a cargo interest sues the shipowner or the party to whom the
shipowner charters the vessel. This concise book provides a useful
overview of existing research, for students, scholars and shipping
lawyers
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