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The Role of Arbitration in Shipping Law edited by Goldby, Miriam; Mistelis, Loukas

Part IV The Role of Arbitrators in the Development of Shipping Law, 18 The Contribution of Arbitration to the Law

Bernard Rix

From: The Role of Arbitration in Shipping Law

Edited By: Miriam Goldby, Loukas Mistelis

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 30 May 2020

Subject(s):
Jurisdiction — Arbitrators — Statehood, jurisdiction of states, organs of states

This chapter reflects on the overall role of a maritime arbitrator. It emphasizes that the process of arbitrator selection tends to focus on their knowledge, experience, and expertise. They also have the duty to reason their awards—a duty owed not just to the losing party but perhaps more widely if one wishes to speak of a genuine transnational maritime law. The corollary of this is the need for transparency to ensure their accountability. While this might seem to conflict with the principle of confidentiality, this is probably because this principle is misunderstood: hearings should continue to be held in private to protect the confidentiality of evidence, however it does not necessarily follow that awards (appropriately anonymized) should be kept confidential ‘for all time’. As for the autonomy of the lex maritima itself, the chapter argues that one must not ignore its intimate and mutually enriching relationship with national laws.

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