지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Arbitration is a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding. Sometimes parties agree to provisions that appear only to consider arbitration as an optional or unilateral means of dispute resolution if future disputes arise, but not to require mandatory submission of future disputes to arbitration.
If the dispute is subjected to arbitration, the claimant has the option to arbitrate either in the place designated in the agreement or in any other place chosen from a list that tracks article 66(a)'s list of permissible forums under the Rotterdam Rules, namely, in the place of arbitration in additional agreements. Just as choice-of-court agreements in volume contracts are enforceable under defined circumstances, so the place of arbitration in exclusive arbitration agreement is binding on the immediate parties to a volume contract if essentially the same requirements are met.
On the other hand, the requirement is that the words of incor- poration must be apt to describe the charter party clause sought to be incorporated - the ‘description issue’. While the attitude of the courts has varied in the strictness of their approach over the years, the effectiveness of suitably drafted words of incorporation may be illustrated by the range of charter party provisions which have been held enforceable against the bill of lading holder.
It is rather usual that carrier attempts to make the terms and conditions of charter party applicable to Bills of Lading by incorporation clause. The court judgment distinguished a general incorporation clause and a specific incorporation clause and held that in order for an arbitration clause in the charter party to be validly incorporated by a specific incorporation clause.
The arbitration agreement shall be in writing. An agreement is in writing if it is contained in a document signed by the parties or in an exchange of letters, telex, telegrams or other means of telecommuni- cation which provide a record of the agreement, or in an exchange of statements of claim and defence in which the existence of an agreement is alleged by one party and not denied by another. The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement provided that the contract is in writing and the reference is such as to make that clause part of the contract.
#전속적 중재합의
#exclusive arbitration agreement)
#선택적
#optional or unilateral)
#전속적 중재지합의
#the place of arbitration in exclusive arbitration agreement)
#부가적
#additional)
#편입
#incorporation of the reference)
#특정 편입문구
#specific incorporation clause)
#일반 편입문구
#general incorporation clause)
#중재합의의 방식
#the form of the arbitration agree- ment)
#대량정기화물운송계약
#volume contracts)
#분쟁해결방법
#means of dispute resolution)
목차
등록된 정보가 없습니다.
참고문헌 (44)
참고문헌 신청
/ 2008 / Explanatory Note by the UNCITRAL Secretariat on the Model Law on International Commercial Arbitration 1985 With amendments as adopted in 2006, Part Ⅱ
Baatz, Yvonne / 2010 / Jurisdiction and Arbitration, In The Carriage of Goods by Sea under the Rotterdam Rules / Lloyd's List
Born, Gary B / 2009 / International Commercial Arbitration, Volume Ⅰ / Kluwer Law International
Garner Bryan A / 2000 / Black's Law Dictionary, abridged / St. Paul
Gilmore, Grant / 1975 / The Law of Admiralty / Foundation Press Inc
Baatz, Yvonne / 2010 / Jurisdiction and Arbitration, In The Carriage of Goods by Sea under the Rotterdam Rules / Lloyd's List
Born, Gary B / 2009 / International Commercial Arbitration, Volume Ⅰ / Kluwer Law International
Garner Bryan A / 2000 / Black's Law Dictionary, abridged / St. Paul
Gilmore, Grant / 1975 / The Law of Admiralty / Foundation Press Inc
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