Jurisdiction and Arbitration Clauses in Maritime Transport Documents: A Comparative Analysis (Hamburg Studies on Maritime Affairs Book 19)

Jurisdiction and arbitration clauses are two different mechanisms that help to ensure impartiality and predictability in international dispute resolution. Despite their benefits, these clauses can be inconvenient for parties that are forced to litigate before distant fora. Moreover, particular problems arise in the context of maritime transport documents. Based on a broad comparative approach, this study seeks to explain the existing rules within their legal context and to develop a coherent system for such clauses, which takes into account the underlying interests as well as economic theory. While offering detailed answers to most issues surrounding jurisdiction and arbitration clauses in maritime transport documents, the book confronts the fundamental question of the limits of freedom of contract in an international setting. Jurisdiction and Arbitration Clauses in Maritime Transport Documents 4 Preface 6 Abbreviations 12 Contents 7 Chapter 1: Introduction 18 Chapter 2: The Legal Framework for Choice ofForum Clauses in Maritime TransportDocuments 36 Chapter 3: Bills of Lading and other MaritimeTransport Documents 56 Chapter 4: Common Types of Choice of ForumClauses in Maritime TransportDocuments 79 Chapter 5: Classification of Choice of ForumClauses and their Separability fromthe Main Contract 97 Chapter 6: Formal Requirements and theIncorporation of Choice of Forum Agreements 115 Chapter 7: Inconvenient and Unfair Choice of Forum Clauses 140 Chapter 8: The Effect of Mandatory Liability Rules on the Enforcement of Choiceof Forum Clauses 168 Chapter 9: The Effect of Choice of Forum Clauses on Third Party Cargo Receivers 184 Chapter 10: Future Developments – the Hamburg Rules and Beyond 204 Chapter 11: General Observations andConclusions 233 Bibliography 239 Table of Cases 272 Table of Legislation 283 About the International Max PlanckResearch School for Maritime Affairsat the University of Hamburg 292