Maritime arbitration—an introduction
Produced in partnership with Peter McQueen
Maritime arbitration—an introduction

The following Arbitration practice note produced in partnership with Peter McQueen provides comprehensive and up to date legal information covering:

  • Maritime arbitration—an introduction
  • Types of maritime contracts—charterparties and bills of lading
  • Charterparties
  • Bill of lading
  • Incorporation of bills of lading into charterparties
  • Arbitration clauses in common charterparty forms
  • Salvage contracts

Maritime arbitration is a recognised branch of dispute resolution in international trade and commerce.

Maritime affairs to which consensually agreed dispute resolution may apply arise from the diversity of activity concerning the affairs of the sea: the financing, building, sale and acquisition of ships, the deployment of ships, the carriage of goods by sea, the insurance of ships, cargo and other marine adventures and the other contractual relationships arising from the use of ships, eg salvage.

Historically, London and New York have been the dominant traditional centres of maritime arbitration. In recent years, Singapore and China have gone to significant lengths to develop arbitral systems and to encourage the maritime community to use their venues for the resolution of maritime disputes. The economic growth of the Asia-Pacific region and the consequent increase in trade flows to the region is being followed by a desire of the maritime community in that region to resolve their disputes locally.

Types of maritime contracts—charterparties and bills of lading

The principal commercial use for ships is the carriage of goods by sea. Various types of maritime contracts are used for the employment of the ship in, or in connection with, the carriage of goods. A traditional division is between the use of the charterparty and the bill of lading.

The charterparty begins and remains as a contract between the parties—the owner on the one

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