해상적하운송분쟁과 중재
Foreign Arbitration in Disputes on the Carriage of Goods by Sea
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Abstract
Disputes about jurisdiction are very common in international litigation, and maritime cases are no exception to the rule. Some views of the proper operation of forum selection clauses suggest that they deprive the court of jurisdiction. But the better view is, however, that a moving party relying on a forum selection clause must acknowledge that the court has jurisdiction and must argue that the clause gives the court reason not to exercise that jurisdiction. The Sky Reefer court stated the oft-quoted opinion that "foreign arbitration clauses are but a subset of foreign forum selection clauses in general." That is true, of course, but the implications of that fact are very limited. That negative promise is made enforceable by statute or international convention in the case of arbitration clauses, but by the court's procedural rules or its inherent power in the case of choice-of-court clauses. The threshold questions preceding enforcement and the effect of enforcement on the court's supervisory jurisdiction are both different for arbitration clauses than for choice-of-court clauses.
참고문헌 (18)
- "한국과 미국의 해상물건운송법에 대한 비교법적 연구", 26(2) (2004)
- "국제상사중재법해의" (1991), 대한상사중재원
- "국제상사중재법론" (1997), 한올출판사
- "국제상사중재제도" (1992), 법무자료 제160집
- "Responsibility for Loss of Cargo on a Sea Transit The Hague or Hamburg Conventions? in Carriage of Goods by Sea Peter Koh Soon Kwang ed." (1986)
- "The Law of Admiralty"
- "COGSA and the Problem of Conflicting Interpretation", pp.6~ (1973)
- "Casenote: M", V Sky Reefer: Clear Sailing For Foreign Arbitration Clauses Under COGSA, 1996, ~
- "Recent Decisions: Has Allied-Bruce Terminix Cos. v. Dobson Exterminated Albania's Anti-Arbitratration Rule?," (1996)
- "Symposium on Business Dispute Resolution: ADR and Beyond" (1996)
- "ADR in the Federal Courts: Would Uniformity be Better?," (1996)
- "The UNCITRAL Draft Convention on Carriage of Goods by Sea" (1975)
- "Case Note: Conflicts of Law-Validating Foreign Arbitration Clause in Maritime Bill of Lading-Vimar Seguros y Reaseguros v. M", V Sky Reefer, 1995, ~
- "Marine Insurance and General Average in the United States"
- "Revising the Carriage of Goods by Sea Act: Final Report of the Ad Hoc Liability Rules Study Group as Revised by the Ad Hoc Review Committee" (1996)
- "Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading reprinted in Michael F. Sturley Benedict on Admiralty doc. 1-2", pp.~23
- "Note: Foreign Arbitration Clauses in Maritime Bills of Lading: The Supreme Court's Decision in Vimar Seguros y Reaseguros v. M", V Sky Reefer, 1996, ~
- "International Arbitration: Do Institutions Make a Difference?," (1996)