Part III Where to Arbitrate? Distinctive Features of Maritime Arbitral Seats, 10 Maritime Arbitration in Spain: The Delocalization of Dispute Resolution and the Shrinking Recourse to Arbitration
Edited By: Miriam Goldby, Loukas Mistelis
- Jurisdiction — Arbitrators — Statehood, jurisdiction of states, organs of states
This chapter examines the ‘delocalization’ of shipping disputes resulting from the widespread use of standard arbitration clauses channelling disputes to major arbitration centres, even if those disputes involve parties having no connection with such centres. It argues that such delocalization deprives certain countries or regions of the progressive accrual and consolidation of a transnational maritime law. Prior to the recent overhaul of Spanish maritime arbitration, the completely out-dated state and scarce usefulness of Spanish domestic maritime law had among its causes the lack of any vibrant maritime arbitration. The experience of Latin-American states likewise suggests that the state of the law somehow goes hand in hand with the existence of minimally specialized and satisfactory dispute resolution methods in the maritime field. These conclusions emphasize the importance of arbitration to the development of substantive law in a highly globalized field such as shipping.