Κατεύθυνση Ναυτικό Δίκαιο
Library of the School of Law

2023-02-26

2023

Sakarellou Evangelia

Νικόλαος Βερβεσός, Επίκουρος Καθηγητής, Τμήμα Νομικής, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών

Διαιτησία στο Ναυτικό Δίκαιο

Greek

Arbitration in Maritime Law

The subject of this study is the examination of the institution of arbitration in relation to its particular role in maritime law. This is a private justice system outside the framework of regular courts, which is almost exclusively chosen by those involved in shipping as a privileged way of settling their disputes. This privileged way of settling disputes is highlighted through the analysis of the consensual and voluntary nature that permeates arbitration, as the parties both agree to submit their dispute to arbitration and choose the arbitrator who will finally and bindingly settle their dispute. The enforceability of the arbitral award and the jurisprudence it develops give arbitration a coercive and jurisdictional function that clearly distinguishes it from other extrajudicial methods of dispute resolution.
With these characteristics, arbitration has now been established as the rule for resolving maritime disputes arising in the context of maritime activities, such as charter parties and salvage agreements, among others, with the parties consenting to the signing of pre-formulated arbitration clauses that regulate both the applicable law and the recourse to an international maritime tribunal. In the context of this thesis, emphasis is placed on the selection of the largest maritime arbitration centers, with particular attention given to the International Maritime Arbitration Center in London, which continues to handle the majority of maritime arbitrations statistically, even after BREXIT. Through this study, an attempt is made to identify newer maritime arbitration centers that are gradually becoming significant pillars of international maritime arbitration, compared to London's most popular maritime center. The conclusions provide a rough outline of the future of maritime arbitration worldwide and highlight the need for modernization of arbitration procedures to serve speed, the most significant advantage of arbitration over regular justice.

Law and Legislation

Commercial Law
Maritime Law

arbitration, maritime law, maritime disputes, international arbitration, maritime arbitration, centres of maritime arbitration, arbitrators, law

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https://pergamos.lib.uoa.gr/uoa/dl/object/3279678