Research Handbook on Maritime Law and Regulation
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Research Handbook on Maritime Law and Regulation

Edited by Jason Chuah

There have been important developments in commercial practice, technology, shipping infrastructure and sustainability policies in recent times. This Research Handbook examines the major themes surrounding the thinking and studies of maritime law and practice. The stellar panel of contributors take a diverse range of approaches to identify any emerging theoretical and conceptual perspectives in law on what is essentially a fast paced sector of the global economy.
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Chapter 15: Arbitration, privity of contract and carriage of goods by sea

Paul Todd

Abstract

Arbitration is a consensual process, and explicitly a principle of the Arbitration Act 1996 is that the parties should be free to agree how their disputes are resolved. It is the internationally accepted principle of party autonomy. The English privity of contract doctrine supports party autonomy, by ensuring that only consenting parties are subject to the arbitration process. The doctrine also presents problems for arbitration, however, especially where carriage of goods by sea is concerned, problems which are not well dealt with by the relevant legislation. This chapter examines the problems, and the poor fit of the various interlocking legislative regimes.

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