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Contents
- Preliminary Material
- Foreword
- Preface
- Contents
- Table of Cases and Arbitral Awards
- Arbitral Awards Rendered in London
- Arbitral Awards Rendered in New York
- Cases of the European Court of Justice/CJEU
- Cases of the International Court of Justice
- National Cases of Australia
- National Cases of China
- National Cases of France
- National Cases of Singapore
- National Cases of England and Wales
- National Cases of USA
- List of Contributors
- Main Text
- 1 Introduction
- Part I How Practices Become Norms: The Continued Development of Shipping Law
- 2 The Significance of Commercial Customs, Usages, and Practices in the Resolution of Commercial Disputes
- 3 Enforceability of ‘Spontaneous Law’ in England: Some Evidence from Recent Shipping Cases
- Preliminary Material
- A Introduction
- B A Classification of Privately-made Rules
- C The Rule-making Activity of the Maritime Transport Industry: the Issues
- D The Role of the Arbitral Process in Establishing the Existence of Unarticulated Rules
- E Conclusion
- 4 Spontaneous Standardization and the New Lex Maritima
- A Introduction
- B Network Effects Explained
- C A Model of Spontaneous Legal Standardization
- D The Problem of Polycentricity: Interconnection and Insulation
- E Why International Shipping is Especially Susceptible to Network Effects
- F The Role of Formal Law in Redirecting Spontaneous Standardization
- G Conclusion
- 5 Standardization Theory and the Limits of its Applicability
- 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
- 7 Incorporation of a Charterparty Arbitration Clause into a Bill of Lading and its Effect on Third Parties
- A Introduction
- B The Position under English Law
- C Differing Approaches Worldwide to Arbitration Clauses
- D Parallel Proceedings as a Result of Differing Approaches Worldwide
- E Conclusion
- Part III Where to Arbitrate? Distinctive Features of Maritime Arbitral Seats
- 8 Competition of Arbitral Seats in Attracting International Maritime Arbitration Disputes
- 9 Maritime Arbitration in London: Publication of Awards, Appeals, and the Development of English Commercial Law
- 10 Maritime Arbitration in Spain: The Delocalization of Dispute Resolution and the Shrinking Recourse to Arbitration
- 11 Maritime Arbitration in China: Strive for a Bigger Presence
- A Introduction
- B Basic Information on Chinese Maritime Arbitration
- C Maritime Arbitration in Dispute Resolution
- D Efforts to Improve
- E Another Approach to Constructing an International Maritime Arbitration Centre
- F Conclusion
- 12 Common Types of Shipping Arbitration: In Singapore and London
- Part IV The Role of Arbitrators in the Development of Shipping Law
- 13 Lex Maritima: Vanishing Commercial Trial—Fading Domestic Law?
- 14 Transnational Shipping Law: The Role of Private Legal Actors in International Shipping
- 15 The Role of Standard Forms and Arbitrators: In Developing a Transnational Law of Shipping
- 16 The Role of Arbitrators and the Possibility of a Genuine Arbitral Case Law: The Continental Perspective
- 16.01
- 16.02
- 16.03
- A ‘The Free Objective Search for a Rule’
- B The Legal Grounds Given to the Award
- C General Rulings via Particular Disputes
- D Conclusion
- 17 The Importance of Commercial Knowledge in Maritime Arbitration: Observations from New York
- 18 The Contribution of Arbitration to the Law
- 19 Dispute Resolution in the Maritime World: Arbitrators in Support of Mediation
- Further Material