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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 Gaunt

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, 2022. All Rights Reserved.date: 16 August 2022

Arbitrators — Statehood, jurisdiction of states, organs of states

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.

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