Legal developments for the contractual clause determining the law applicable to maritime transport contracts

Abstract

The Hamburg Rules, Multi-types Agreement, and Rotterdam Rules restrict the use of the applicable law contractual clause in shipping documents by providing a list of places where the applicant can initiate legal proceedings or legal proceedings. 'arbitration in the event of an arbitration clause, making the place designated in the contract an option only. Among other applicable laws. Although the general transfer rules are not far behind in their rules governing the arbitration clause of these rules, these rules conflict with the more general trend, at the national and international levels, towards the application of the contractual clause. of the applicable law. This discrepancy between the general rules governing arbitration in contracts of carriage and the rules for maritime transport has shifted to the rules governing maritime transport itself so that we have witnessed different rules for determining place. arbitration and the law applicable to arbitration, which called on us to study the different rules governing the maritime transport contract