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Incorporation by Reference of Arbitration Agreements in International Maritime Arbitration: A South-Korean and Comparative Approach

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Document pages: 31 pages

Abstract: International maritime industry constitutes one of the areas in which the resource to arbitration and other ADR devices have enjoyed a traditional and far-reaching character. This trend has increased in recent years due both to the highly complex nature of the maritime industry and to the costs and delays that referring disputes to public courts encompass. However, international maritime arbitration cannot be approached as a unitary reality as regards those disputes referred to it and prospective maritime controversies may heavily differ one from each other. In this article we will deal with the legal regime of arbitration agreements in the specific field of disputes arising out of the use of the ship or the carriage of goods on board. We will specifically refer to the solutions provided to the issue of the validity of the incorporation by reference of charterparty’s arbitration clauses in Bills of Lading (B L) in some relevant jurisdictions and regulations.

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