Forum Selection and Arbitration in the Draft Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, or the Definition of Fora Conveniens Set Forth in the Rotterdam Rules

By Hooper, Chester D. | Texas International Law Journal, Spring 2009 | Go to article overview

Forum Selection and Arbitration in the Draft Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, or the Definition of Fora Conveniens Set Forth in the Rotterdam Rules


Hooper, Chester D., Texas International Law Journal


The Rotterdam Rules' will, with a few practical exceptions, allow cargo interests to litigate or arbitrate cargo loss or damage claims at a place convenient for cargo interests. Cargo interests will generally be able to choose to litigate or arbitrate in one of the following places:

(i) the domicile of the carrier;

(ii) the place of receipt agreed in the contract of carriage;

(iii) the place of delivery agreed in the contract of carriage; or

(iv) the port where the goods are initially loaded on a ship or the port where the goods are finally discharged from a ship . . . .2

If the contract of carriage contains a choice of court clause, the cargo claimants may choose to litigate in any of the above places or in the place designated in the choice of court clause. If the contract of carriage contains no choice of court or arbitration clause, the cargo claimant may choose to litigate in one of the above places. If the contract of carriage includes an arbitration clause, the cargo claimant must arbitrate but may choose to arbitrate in the place set forth in the arbitration clause, or one of the above places.

Cargo claimants may also file suit against a maritime performing party in a place relevant to the maritime performing party.3

There are several exceptions to the above provisions. Practitioners should be familiar with the exceptions to understand the jurisdiction and arbitration scheme of the Rotterdam Rules. Practitioners also should be familiar with the scope of application of the Rotterdam Rules to understand the jurisdiction and arbitration scheme. Parties to contracts not within the scope of the Rotterdam Rules will have freedom to choose any place they wish to litigate or arbitrate.

I. SCOPE OF THE ROTTERDAM RULES

The scope of application is set forth in Chapter 2, Articles 5, 6 and 7:

Chapter 2. Scope Of Application

Article 5. General scope of application

1. Subject to article 6, this Convention applies to contracts of carriage in which the place of receipt and the place of delivery are in different States, and the port of loading of a sea carriage and the port of discharge of the same sea carriage are in different States, if, according to the contract of carriage, any one of the following places is located in a Contracting State:4

(a) The place of receipt;

(b) The port of loading;

(c) The place of delivery; or

(d) The port of discharge.

2. This Convention applies without regard to the nationality of the vessel, the carrier, the performing parties, the shipper, the consignee, or any other interested parties.

Article 6

Specific exclusions

1. This Convention does not apply to the following contracts in liner transportation:

(a) Charterparties; and

(b) Other contracts for the use of a ship or any space thereon.

2. This Convention does not apply to contracts of carriage in non-liner transportation except when:

(a) There is no charterparty or other contract between the parties for the use of a ship or of any space thereon; and

(b) A transport document or an electronic transport record is issued.

Article 7

Application to certain parties

Notwithstanding article 6, this Convention applies as between the carrier and the consignee, controlling party or holder that is not an original party to the charterparty or other contract of carriage excluded from the application of this Convention. However, this Convention does not apply as between the original parties to a contract of carriage excluded pursuant to article 6.5

It may be simpler to realize that the scope includes, and thus affects, choice of court or arbitration clauses in all contracts in the liner trade except charterparties or other contracts for the use of space on a ship. It does not include any contract in the non-liner (tramp) trade except a transport document or electronic record that is not between parties to a charterparty or other contract for use of space on a ship. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Forum Selection and Arbitration in the Draft Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, or the Definition of Fora Conveniens Set Forth in the Rotterdam Rules
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.