Arbitration

When TAMARA comes

The newly revitalised Institute of Transport and Maritime Arbitration Rotterdam-Amsterdam (TAMARA) is ready to press its claims as a centre of global maritime arbitration By Professor Maarten Claringbould* THE Dutch maritime community has historically beat a path to London to settle maritime disputes. Most famously, Admiral de Ruyter, Holland’s most celebrated naval commander...

It's not where you do it but how you do it

LONDON and New York have their established positions in the arbitration field. Over recent years, many countries or cities have attempted to attract a share of the arbitration business - some have succeeded while others have failed. There is no question that an arbitration centre like the LMAA began life with a silver spoon in its mouth. The combination of London's...

Safe port

Safe port Partederiet For Primo v Crispin Co Ltd THE disputes which formed the subject of this New arbitration arose under an Asba 11 form of tanker charter party. The vessel was to load at one or two safe ports Argentina, not south of River Plate, with option for discharge at various worldwide ports. The charterer issued voyage orders for the vessel to load a part-cargo...

New arbitration rules for Hong Kong

IN 1995, a committee was appointed to improve the UNCITRAL Model Law so that the differences between domestic and international arbitrations in Hong Kong could be narrowed. Domestic arbitrations followed the English arbitration acts of 1959-1979, but international arbitrations fell under a different regime of the Model Law. As a result, the Arbitration (Amendment) Ordinance...

Starting out

Starting out IN this issue of the Maritime Advocate you can read how all maritime disputes referred to arbitration in London after January 31, 1997 are subject to a radical restatement of the law as set out in the new Arbitration Act 1996. And the commercial court in London has already been asked to consider two important points - when are arbitrations commenced, and how will...

A guide to maritime arbitration in Russia

THE Maritime Arbitration Commission at the Russian Federation's Chamber of Commerce and Industry was founded in 1930, since when it has been the only centre of specialised maritime arbitration in the Soviet Union and Russia. The Law of the Russian Federation No 5338-1 on International Commercial Arbitration takes account of the provisions for such arbitration, as contained in...

Small but perfectly formed

HOW time flies! It doesn't seem possible that before many more months have passed the LMAA small claims procedure will reach its tenth birthday. It was in early 1990 that the innovative scheme known as the LMAA Small Claims Procedure 1989 was first made available for those with small disputes to settle. Taking a year or two to make its presence known, and after an update of...

Dissenting in Arbitration

BEFORE anyone gets the idea that I am the proverbial dissenter or advocate for dissents per se, I should like to put their minds at ease by stating that, out of the 700 or so awards in which I have participated as an arbitrator, I have dissented, in varying degrees, in forty cases. Some of the dissents have been quite limited (disagreeing, for example, with the assessment of...

Seawater damage

Seawater damage Industrias Monterey SA de CV, Instapanel Chile SA and Grupo Nacional Provincial SA v Carsten Rehder (GmbH& Co) THIS New York arbitration concerned a dispute over seawater damage to 130 coils of galvanised cold-rolled and painted steel sheets carried on the Astra Lift from Tampico, Mexico to Valparaiso, Chile. The governing document was a Conline bill of...

Costly business

Costly business ARBITRATION is not cheap. Nor should it be. It should represent value for money, and in most cases it does. Be that as it may, it does seem that the cost of using London arbitrators could increase by 17.5 per cent following a recent ruling of the European Court of Justice that the services provided by arbitrators and those provided by lawyers are not similar....

Maritime arbitrators get the congress they deserve

IT may be said that the plan was hatched in the nether regions of the capital city of the Soviet Union. Moscow boasts perhaps the most elegant subway system in the world, resembling an architectural mix of La Musee du Louvre in Paris and Victoria Station in London. What more unlikely place for a small group of maritime arbitrators to meet and plan future venues? In 1972, the...

Arbitration options under Greek law

THE gradual development of Piraeus into one of the main centres of international shipping has had its effect also on the development of the Greek law of arbitration. Initially enacted to cater for the needs of general legal practice, Greek law dealing with arbitration and related matters includes in recent years a clear framework intended for users involved in the...

Settling the disputes on the Rim

Settling the disputes on the Rim Peter Wright, president and founding director of the Vancouver Maritime Arbitrators Association, and vice-president, Western Canada, of the Association of Maritime Arbitrators of Canada, explains the workings of the Vancouver Maritime Arbitrators Association FOLLOWING ratification of the International Convention on the Recognition and...

The Goose with the golden eggs

"THINKING to get at once all the gold the goose could give, he killed it and opened it only to find nothing." That's how Aesop described one of mankind's worst traits, greed. More recently, in 1993, London maritime arbitrator Bruce Harris addressed an audience of arbitrators on the subject of What to charge and how to get paid. I would recommend that arbitrators occasionally...

Is time of the essence?

Is time of the essence? New York arbitrator Jack Berg summarises a recent decision involving rejection of cargo for failure to meet delivery date THIS dispute had its origin in the sale of a cargo of unleaded gasoline by Glencore Ltd to Northeast Petroleum, a division of Cargill. Northeast rejected delivery of the cargo when the carrying vessel tendered its notice of readiness...