Part III Where to Arbitrate? Distinctive Features of Maritime Arbitral Seats, 9 Maritime Arbitration in London: Publication of Awards, Appeals, and the Development of English Commercial Law »
Ian GauntFrom: The Role of Arbitration in Shipping Law
Edited By: Miriam Goldby, Loukas Mistelis
This chapter examines what makes London so popular as a maritime arbitration centre. Chief among the reasons is the availability of a pool of arbitrators with a breadth of professional knowledge and experience, including not just lawyers but commercial men and women. It also discusses the perceived effect of the use of arbitration on the development of English law. On the one hand, the number of appeals going to the courts is such as to ensure that new precedents are produced in order to lend vibrancy to the law. On the other hand, some first instance decisions have shown a tendency on the part of judges to decide cases without sufficient sensitivity to commercial practice, leading to precedents that are hard for arbitrators to apply. The chapter also considers the major challenges faced by the London Maritime Arbitrators Association in maintaining London as the foremost centre for the resolution of shipping disputes.