The role of commercial arbitration in resolving transport disputes: international practice
Abstract
The article examines the role of commercial arbitration in resolving transport disputes, with a focus on international practice. Special attention is given to the advantages of arbitration over litigation, as well as the challenges associated with the enforcement of arbitral awards in different jurisdictions. Major arbitration institutes, such as the London Maritime Arbitrators Association (LMAA) and the International Chamber of Commerce (ICC), are reviewed. The article also analyzes differing scholarly views on the effectiveness of arbitration in transport disputes, highlighting issues related to the enforcement of awards and the high costs of arbitration procedures.
Keywords
International commercial arbitration, Chamber of Commerce and Industry, investment climateHow to Cite
References
United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958).
Tetley, William. Marine Cargo Claims. 4th ed., Thomson Carswell, 2008.
Redfern, Alan, et al. Law and Practice of International Commercial Arbitration. 5th ed., Sweet & Maxwell, 2009.
Born, Gary B. International Commercial Arbitration. 2nd ed., Kluwer Law International, 2014.
LMAA Terms 2021, London Maritime Arbitrators Association.
ICC Arbitration Rules 2021, International Chamber of Commerce.
SIAC Arbitration Rules 2016, Singapore International Arbitration Centre.
Case no. 2020/32, London Maritime Arbitrators Association.
ICC Arbitration Case No. 21123/ASM, International Chamber of Commerce, 2018.
ICC Arbitration Case No. 21362/ASM, International Chamber of Commerce, 2019.
SIAC Arbitration Case No. 2017/87, Singapore International Arbitration Centre.
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