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We are pleased to announce a forthcoming Transnational Dispute Management (TDM, ISSN 1875-4120) Special Issue on: "Maritime Law Arbitration: Procedural and Substantive Issues"
A substantive percentage of trade in goods is carried out through maritime routes. The players of international seaborne trades often refer their future or existing disputes to arbitration. According to the statistics published by arbitral institutions, a considerable portion of arbitration cases relate to maritime disputes of commercial nature.[1] Such arbitrations deal with subject-matters which lie within the specialized area of maritime law including, for instance, demurrage, deadfreight, freights, laytime, damages, maritime insurances; charter, brokerage, forwarding, reloading and composition contracts; multi-modal transport contracts; contracts for the repair, construction or sale of ships; damage to port facilities; environment pollution and etc. Arbitration practitioners involved in these types of disputes need to be proficient in maritime law and also the related laws and regulations as well as case laws whether domestic or international.
Due to the abundance of maritime law disputes, some specialized arbitration institutions and procedural rules for maritime law arbitrations have been developed which are frequently referred to and used in maritime arbitrations. Some of these institutions with special rules include, by way of example, Singapore Chamber of Maritime Arbitration (SCMA), London Maritime Arbitrators Association (LMAA), Society of Maritime Arbitrators in New York (SMANY), International Court of Arbitration at the Polish Chamber of Maritime Commerce (KIGM), Tokyo Maritime Arbitration Commission (TOMAC), German Maritime Arbitration Association (GMAA), Chambre Arbitrale Maritime de Paris (CAMP), Piraeus Association for Maritime Arbitration (PAMA), Vancouver Maritime Arbitrators Association (VMAA).
This issue attempts to deal with both peculiar substantive and procedural aspects of maritime law arbitrations.
Possible topics for submission to the special issue might include:
* Maritime arbitration v. international commercial arbitration
* Legal challenges of maritime arbitrations under the ordinary commercial arbitration rules
* Maritime arbitrations and admiralty courts
* Maritime arbitration under international maritime conventions
* Rotterdam Rules and maritime arbitration
* Procedural pecularities of maritime arbitrations
* Documents-only arbitration in maritime disputes
* The role of experts in maritime arbitrations
* Impartiality and independence of arbitrators in international maritime arbitration
* Maritime law concepts arising during the course of a maritime arbitration
* Sources of International maritime arbitration law
* The role of maritime customs in maritime arbitrations
* Drafting maritime arbitration agreements
* Interlocutory stages in maritime arbitration
* Interim orders in maritime arbitrations
* Enforcement of maritime arbitration agreements and awards against third-parties including insurance companies
* Judicial proceedings relating to maritime arbitrations and aids given by the courts
* Quantum in maritime arbitrations
* Arbitration under the arbitration clauses in standard contracts of affreightment, bills of ladings and model forms such as ASBATANKVOY, BIMCO, SHIPMAN, SYNACOMEX, NORGRAIN, FONASBA, OREVOY, POLCOALVOY, FERVIVOY, GASVOY, BALTIME, NYPE, SUPPLYTIME, BARECON, VOLCOA, LOF and GENCON.
* Incorporation and enforcement of arbitration clause by reference into Bill of Ladings and Charter Parties in a comparative law perspective
* Arb-Med-Arb in maritime disputes
* Bunker claims arbitration and collision claims arbitration
* Expedited arbitration and small claims procedures in maritime arbitrations.
* Legal advantages of preferable seats for maritime arbitrations
* Conflict of Laws in maritime arbitrations
* Recent leading cases in maritime arbitration
* The influence of arbitration in the development of maritime law
* And any other topics related to maritime arbitration.[2]
Potential Authors:
* Maritime arbitration practitioners
* Maritime law academics, postgraduate students and researchers
* Lawyers associated with maritime arbitration institutions
* Those interested in the career of maritime law arbitrations
Contact details on the TDM website at https://www.transnational-dispute-management.com/news.asp?key=1731
Papers should be prepared according to the TDM Submission Guidelines available at https://www.transnational-dispute-management.com/contribute.asp (more information available upon request).
[1] For example, according to statistics published by London Court of International Arbitration (LCIA) for 2016, shipping disputes constitutes 15.42% of cases referred to LCIA in 2016.
[2] This special issue excludes the Law of the Sea Arbitrations (including boundary and delimitation disputes).
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