The Arbitration Provisions Introduced by the United Nations Research Paper

The Arbitration Provisions Introduced by the United Nations Conventions for Contracts of Carriage by Sea - look into Paper eccentricThe Rotterdam Rules on arbitration emphasizes the right of disputants to choose an arbitration forum that is more convenient to them. At the same time, volume contracts limit these choices and also bind tercet parties to arbitration agreements between the disputants.3 It therefore appears that the Rotterdam Rules arbitration provision contain a number of problems that can be counterproductive to the goal of harmonisation of the international rules relevant to contracts for the carriage of goods by sea. In addition to conflicts contained within the provisions and definition complications, there is also the possibility that arbitration on a single broil can take place in several places. It is also possible that states adopting the arbitration provisions may not have the nautical expertise to mighty resolve maritime disputes or may lack a litigation s ystem capable of supporting arbitration proceedings. This is particularly so since the Rotterdam Rules can concord to contracts for the carriage of goods by means other than by sea, at least partially.4 This research study provides a critical analysis of the arbitration provisions of the Rotterdam Rules and identifies the think goals of these provisions and the extent to which the Rotterdam Rules have the potential to achieve these goals. Table of Contents Abstract 2 Introduction 4 investigate Questions 7 Primary Research Question 8 Secondary Research Questions 8 Statement of the Problem 8 Significance of the Study 9 Delimitation of the Study 10 Research Methodology 10 Overview International Arbitration of Maritime Contracts 11 The Arbitration Provisions of the Rotterdam Rules 14 Scope and Application of the Rotterdam Rules 14 Arbitration Agreements 17 strength Contracts 21 Non-Liner Transport 27 The Opt-In Provision 29 Conflict with Other International Instruments 32 Conclusion and Recommendations 34 Conclusion 34 Recommendations 36 Bibligraphy 39 Introduction The Rotterdam Rules introduces into the international regulatory framework a method for regulating multimodal transport.5 In this regard, multimodal transport not only refers to transport by righteousness of sea, but also contemplates various other modes of transportation.6 In drafting the Rotterdam Rules the United Nations came to the conclusion that the more than 90 year old Hague Convention was inadequate for responding to the groundbreaking intricacies of international cargo transport particularly since todays transport frequently involves several different modes of transportation. The use of different conventions only created difficulties and conflicts in establishing liability since different rules apply to different transport modes.7 Regardless, the main premise of the Rotterdam Rules is maritime transport and thus, the Rules may be properly defined as a maritime plus convention.8 The Rott erdam Rules introduce arbitration provisions for resolving disputes in specific contracts for carriage by sea situations.9 The