rdf-syntax-grammar
mods:
  schema location: http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
  title info:
    title: Jurisdiction and Arbitration Clauses in Maritime Transport Documents
    sub title: A Comparative Analysis
  name:
    name part: Sparka, Felix.
    role:
      role term: creator
    role:
      role term: author.
  name:
    name part: SpringerLink (Online service)
  type of resource: text
  origin info:
    place:
      place term: gw
    date issued: 2010
    issuance: monographic
  language:
    language term: eng
  physical description:
    form: electronic
    form: electronic resource
    reformatting quality: access
    form: remote
    extent: XVIII, 282 p. online resource.
  abstract: Jurisdiction and arbitration clauses are two different mechanisms that help to ensure impartiality and predictability in international dispute resolution. Despite their benefits, these clauses can be inconvenient for parties that are forced to litigate before distant fora. Moreover, particular problems arise in the context of maritime transport documents. Based on a broad comparative approach, this study seeks to explain the existing rules within their legal context and to develop a coherent system for such clauses, which takes into account the underlying interests as well as economic theory. While offering detailed answers to most issues surrounding jurisdiction and arbitration clauses in maritime transport documents, the book confronts the fundamental question of the limits of freedom of contract in an international setting.
  table of contents: The Legal Framework for Choice of Forum Clauses in Maritime Transport Documents -- Bills of Lading and other Maritime Transport Documents -- Common Types of Choice of Forum Clauses in Maritime Transport Documents -- Classification of Choice of Forum Clauses and their Separability from the Main Contract -- Formal Requirements and the Incorporation of Choice of Forum Agreements -- Inconvenient and Unfair Choice of Forum Clauses -- The Effect of Mandatory Liability Rules on the Enforcement of Choice of Forum Clauses -- The Effect of Choice of Forum Clauses on Third Party Cargo Receivers -- Future Developments #x2013; the Hamburg Rules and Beyond -- General Observations and Conclusions.
  note: by Felix Sparka.
  subject:
    topic: Law
  subject:
    topic: Private international law
  subject:
    topic: Conflict of laws
  subject:
    topic: International law
  subject:
    topic: Comparative law
  subject:
    topic: Law of the sea
  subject:
    topic: Mediation
  subject:
    topic: Dispute resolution (Law)
  subject:
    topic: Conflict management
  subject:
    topic: Law
  subject:
    topic: Private International Law, International & Foreign Law, Comparative Law
  subject:
    topic: Law of the Sea, Air and Outer Space
  subject:
    topic: Dispute Resolution, Mediation, Arbitration
  classification: K7000-7720.22
  classification: K7073-7078
  classification: 340.9
  classification: 340.2
  related item:
    title info:
      title: Springer eBooks
  related item:
    title info:
      title: Hamburg Studies on Maritime Affairs, International Max Planck Research School for Maritime Affairs at the University of Hamburg, 19
  identifier: 9783642102226
  identifier: http://dx.doi.org/10.1007/978-3-642-10222-6
  record info:
    record creation date: 100301
    record change date: 20151204142503.0
    record identifier: 978-3-642-10222-6