The contract of carriage may contain a clause conferring competence on an arbitration tribunal if that clause provides that the tribunal will apply the CMR Convention1. High contracting parties to the Convention are deemed to have submitted to the jurisdiction of an arbitration tribunal so appointed2, which has the like power as the court to take account of other proceedings commenced or likely to be commenced for the purposes of enforcing the liability in dispute
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This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
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