Part 1 of 12: Anatomy of Default Dispute Resolution Clauses

Part 1 of 12: Anatomy of Default Dispute Resolution Clauses

You may have noted or will be surprised to see that in one shipment under a chartered vessel, various documents including Bills of Lading, contain different forums or legal jurisdictions for interpretation and dispute resolution. In this session we will review each of the following commonly used documents to analyze the consequences and pitfalls if any.

  1. In Charter Party Agreements
  2. In Bills of Lading
  3. In Shipping and Logistic Services Contracts
  4. Maritime industry contracts like Shipbuilding, Ship Repair and Rig Building Contracts
  5. Forum Shopping and Developing Best Default ADR Clause with cost control mechanism

There are many cases with ongoing litigation or arbitration related suits, in major admiralty courts of the world at any one time. It is unpleasant and regrettable experience for the parties which are caught unaware, that before looking at the merits of the claims, procedural matters take up the precious time and money.

Reference Case Study: The links to case law reports and analysis will be given after the scheduled date of the session for in-depth study. Discussion will be held during the workshop session.