Maritime arbitration : a comparative analysis

Abstract

The first part of this study aims at explaining the nature and the scope of arbitration as well as the benefits and advantages which this mechanism of dispute resolution may offer in both domestic as well as in the international sphere. Chapter One purports to give a brief explanation of the major characteristics of arbitration, its foundations and motivations. A comparative analysis is given in this part, of the values of arbitration over litigation and a general discussion of the process of arbitration is attempted. Moreover, a brief explication is given of the urgent need of legislation in this field of law. Chapter Two gives a concise delineation of the concept of arbitration in the international arena. Reference shall be made to the most important international vehicles which have been created to induce States to utilize this process in an attempt to conceive an international legislative framework which operates functionally when dealing with commercial international arbitration. Part Two deals with the evolution of the arbitration proce3ss within the realm of the United Kingdom. Chapter 3, in fact is essentially aimed at providing insights to what is considered to be the most sophisticated maritime arbitration centre of the world. The history of this concept as nurtured in this particular jurisdiction shall be given. Moreover, an epigrammatic examination shall be made of the truly innovative legislative device, namely the UK Arbitration Act of 1996 which has been attracted the admiration, and perhaps the envy of all other arbitration centers. Part Three of this study may be described as the examination of a potpourri of jurisdictions which have articulated and formulated a variety of rules when dealing with the process of arbitration. Chapter Four explores some the most important arbitration centres. Reference to the present position as well as the legislation of these jurisdictions shall be given and more importantly, a comparative study is attempted in order to assess the efforts and progression of jurisdictions which have a respectable arbitration reputation, like the United States, and others which are striving to attract attention with their brand-new laws, like Spain. The Maltese standpoint will be examined in detail with particular reference to the latest legislative endeavor in the sphere of arbitration. Particular regard shall be had in Chapter 5 to the progressive achievements winch have been long sought by our legislator to try and offer a comprehensive, internationally equipped network in the field of arbitration. As shall be seen the Maltese attempt in this field is geared towards the uniformity of the process with the international instruments being used as the main archetype.