Maritime arbitration

Authors

  • Lect. Kafi zaghair albadree Author

Keywords:

Maritime arbitration, Maritime disputes, Maritime law, Ports, Maritime transportation, Arbitration agreement, International arbitration

Abstract

: The research addresses the role of arbitration in resolving disputes related to maritime transportation, maritime activities, and ports. Maritime arbitration is considered one of the most important alternative means of resolving maritime disputes, as it facilitates efficient and speedy dispute settlements while safeguarding the interests and rights associated with maritime activities. In the Iraqi legal framework, maritime arbitration is conducted in accordance with the provisions outlined in Article 251 of the Civil Procedure Law. This article allows for arbitration in all disputes arising from specific maritime and commercial contracts, pertaining to maritime activities, provided that the arbitration agreement is in writing and designates the competent authority to determine the applicable law . The aim of this research is to analyze the concept of maritime arbitration and its role in resolving maritime disputes. It begins with a brief overview of the history of maritime arbitration and proceeds to analyze the legal framework governed by national and international laws and agreements that regulate maritime arbitration. It discusses its advantages and disadvantages, as well as the challenges that arise within this context. The research concludes with some findings and recommendations for the future development of maritime arbitration.

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Published

2023-01-01

Issue

Section

Articles