Jurisdiction and arbitration clauses in maritime transport documents sparka felix. Classification of Choice of Forum Clauses and their Separability from the Main Contract 2019-02-20

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Classification of Choice of Forum Clauses and their Separability from the Main Contract

jurisdiction and arbitration clauses in maritime transport documents sparka felix

While the general framework employed is the leading international liability regime, the Hague-Visby Rules, the discussions in each chapter also account for the possible future adoption of a new regime, the Rotterdam Rules. Despite their benefits, these clauses can be inconvenient for parties that are forced to litigate before distant fora. The discussion is supported by a monumental foundation of underpinning research. Jurisdiction clauses under the Rotterdam Rules 215 2. Form and incorporation under U. The legal framework for arbitration clauses inmaritime transport documents 48 I.

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Jurisdiction and Arbitration Clauses in Maritime Transport Documents

jurisdiction and arbitration clauses in maritime transport documents sparka felix

Classification of Choice of Forum Clauses and their Separability from the Main Contract Felix Sparka 6. The E-mail message field is required. Classification and separability under German law 107 C. Dr Ahmed advances a firm thesis in a lucid manner that will satisfy both academics and practitioners. Inconvenient and unfair jurisdiction clauses under U. 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.

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Jurisdiction and arbitration clauses in maritime transport documents : a comparative analysis (Book, 2010) [naber.io]

jurisdiction and arbitration clauses in maritime transport documents sparka felix

The Legal Framework for Choice of Forum Clauses in Maritime Transport Documents Felix Sparka 3. The effect of mandatory liability rules on theenforcement of arbitration clauses 176 I. Classification of jurisdiction clauses and theirseparability from the main contract 98 I. The reasonableness doctrine 140 2. Formal Requirements and the Incorporation of Choice of Forum Agreements Felix Sparka 7. The Hamburg Rules 204 1. This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation.

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Jurisdiction and Arbitration Clauses in Maritime Transport Documents

jurisdiction and arbitration clauses in maritime transport documents sparka felix

The issue of separability concerns the relation between the main contract and the choice of forum clause, especially whether they may be subject to a different governing law and whether the contractual invalidity of the main contract necessarily affects the validity of a choice of forum clause. Position of third party cargo receivers under German law 196 C. 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. The Hague Convention on Choice of Court Agreements 221 C. The subject matter concerns the standard for the duty of care for goods as codified in the Hague-Visby Rules, but the work also touches upon a wide range of related topics found both in law and in practice, providing valuable commercial, technical and historical links as well as various solutions that have been found at the national and international level to address challenges arising in this specialised area of law. In: Jurisdiction and Arbitration Clauses in Maritime Transport Documents.

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PDF Jurisdiction And Arbitration Clauses In Maritime Transport Documents 19 Hamburg Studies On Maritime Affairs Free Download

jurisdiction and arbitration clauses in maritime transport documents sparka felix

Moreover, particular problems arise in the context of maritime transport documents. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements 'Hague Convention' and the English common law jurisdictional regime into a theoretical framework. Classification of arbitration clauses and theirseparability from the main contract 104 I. The Effect of Mandatory Liability Rules on the Enforcement of Choice of Forum Clauses Felix Sparka 9. Legal policy considerations 162 E. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions. Summary 34 Chapter 2: The Legal Framework for Choice ofForum Clauses in Maritime TransportDocuments 36 A.

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Jurisdiction and Arbitration Clauses in Maritime Transport Documents : Felix Sparka : 9783642102219

jurisdiction and arbitration clauses in maritime transport documents sparka felix

Electronic shipping documents 73 C. Despite their benefits, these clauses can be inconvenient for parties that are forced to litigate before distant fora. 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. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. The German framework for jurisdiction clauses 47 B.

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Inhaltsverzeichnis von Jurisdiction and Arbitration Clauses in Maritime Transport Documents

jurisdiction and arbitration clauses in maritime transport documents sparka felix

The book was written with a number of potential readers in mind and is intended to open up the topic to a broader audience. Summary 167 Chapter 8: The Effect of Mandatory Liability Rules on the Enforcement of Choiceof Forum Clauses 168 A. The E-mail message field is required. Lastly, Chapter 6 provides an overall conclusion on the legal status quo and current practice, as well as future prospects. Disadvantages generally associated with choice of forumagreements 23 I. Mandatory liability and arbitration clauses under German law 177 C. The European framework for jurisdiction clauses 41 1.

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Jurisdiction and arbitration clauses in maritime transport documents : a comparative analysis (Book, 2010) [naber.io]

jurisdiction and arbitration clauses in maritime transport documents sparka felix

Despite their benefits, these clauses can be inconvenient for parties that are forced to litigate before distant fora. Legal policy considerations 133 E. Chapter 1 provides a thorough introduction to the two main transport documents in use, and to the basic logic behind shipping, sea-going trade and related national and international legislation. Moreover, particular problems arise in the context of maritime transport documents. Inconvenient and Unfair Choice of Forum Clauses Felix Sparka 8.

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Jurisdiction and arbitration clauses in maritime transport documents : a comparative analysis (Book, 2010) [naber.io]

jurisdiction and arbitration clauses in maritime transport documents sparka felix

From Hamburg to Rotterdam 204 I. The effect of arbitration clauses on third partycargo receivers 193 I. Modern counterparts of bills of lading 66 I. Arbitration clauses under the Rotterdam Rules 217 B. Classification and separability under U. Relation between federal and state law in maritime matters 36 2. The book is divided into six chapters, which gradually reveal the complexity of the topic.

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Jurisdiction and arbitration clauses in maritime transport documents : a comparative analysis (Book, 2010) [naber.io]

jurisdiction and arbitration clauses in maritime transport documents sparka felix

Mandatory liability and arbitration clauses under U. The German framework for arbitration clauses 53 C. Future Developments — the Hamburg Rules and Beyond Felix Sparka 11. Legal policy considerations 179 E. Summary 139 Chapter 7: Inconvenient and Unfair Choice of Forum Clauses 140 A. Contents: Introduction -- The legal framework for choice of forum clauses in maritime transport documents -- Bills of lading and other maritime transport documents -- Common types of choice of forum clauses in maritime transport documents -- Classification of choice of forum clauses and their separability from the main contract -- Formal requirements and the incorporation of choice of forum agreements -- Inconvenient and unfair choice of forum clauses -- The effect of mandatory liability rules on the enforcement of choice of forum clauses -- The effect of choice of forum clauses on third party cargo receives -- Future developments: the Hamburg rules and beyond -- General observations and conclusions. Formal requirements and the incorporation of jurisdiction agreements 116 I.

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