We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

13 Arbitration

Enforcement of Maritime Claims

13 Arbitration 13.1 Arbitration clauses are commonplace in maritime contracts. 1 Subject to statutory limitations it is always open to parties to a dispute to agree to submit that dispute to an arbitration rather than a court either when the dispute occurs or prior to it—preferring a decision making process partly at least in the hands of non-lawyers, confidential 2 and arguably less costly and more speedy. In English law, as is seen in Chapter 12 , an arbitration agreement can form the basis for the stay of court proceedings commenced contrary to it or an injunction to restrain a party from foreign proceedings contrary to it. Such an agreement is a contract enforceable through the courts as such but with a superimposed statutory framework applicable to it through the Arbitration Act 1996. An arbitration agreement is not a ground for refusal to issue a claim form in legal proceedings contrary to it. It is a ground for stay of those proceedings ( see infra ).

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?

Devices

Request a trial Find out more