로테르담규칙과 중재

Abstract

There were several attempts to make an uniform rules for contracts of the carriage of goods by sea on the international level from the making of so called ‘the Hague Rules’ in 1924, these attempts were eventually settled with the establishment of so called ‘the Rotterdam Rules’ in 2008. The Rotterdam Rules has several provisions for an arbitration agreement which is one of the dispute settlement procedures arising from contracts of the carriage of goods by sea. The Rotterdam Rules has tried to catch up with the development of transportation,especially in relation to the development of the multi-modal transportation. In addition, to protect the shippers whose contractual position in contracts of the carriage of goods by sea might be recognized as unstable the rules have introduced various kinds of systems, i.g. fixing the places of arbitration within the rules. In this regards, the Rotterdam Rules has fixed the places of arbitration for the disputes arising from the liner transportation. On the other hand, by providing separate provisions for ‘the volume contract’ in which it was presumed that the bargaining powers between the shipper and the carrier is well balanced and for the multi-modal transportation which is characterized with the use of containers for the carriage of goods, the rules have put forwarded some provisions for the arbitration agreement. Also with the definition of ‘the maritime performing party’,the rules has tried to regulate the said maritime performing party who is regarded as being employed for the benefit of the carrier with some provisions. Even though the Rotterdam Rules enhances the parties‘ freedom of contract by allowing the places of arbitration to six places which were stipulated in the rules for the disputes arising from contracts of carriage, it also tries to protect the cargo sides by fixing places of arbitration to the said six places. As to the selection of forum for the volume contract, the Rotterdam Rules has separately enacted the effect of an arbitration agreement between the parties of contract of the carriage and that of between the parties of contract of the carriage and the third party who is a bona fide holder of the transportation documents. With the forum selection clauses in the rules, even if the rules declares the freedom of contract to the parties of the charter-party agreement as well as the volume contract where the Rotterdam Rules applies, when protection of the consumers of contract of the carriage is needed, on the other hand, the rules also restricts the places of arbitration by limiting forums to six places.