Maritime arbitration

المؤلفون

  • Lect. Kafi zaghair albadree . College of Political Science, Al-Nahrain University, Baghdad, Iraq

الكلمات المفتاحية:

- Maritime arbitration. - Maritime disputes. - Maritime law. - Ports. - Maritime transportation. - Arbitration agreement. - International arbitration.

الملخص

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.

المراجع

- The Holy Quran

- Iraqi Civil Law No. 40 of 1951

- Law of the Iraqi Federation of Chambers of Commerce No. 43 of 1989

- Law of Industrial Cities No. 2 of 2019

- Investment Law No. 13 of 2006 (amended)

- Law on the Regulation of Insurance Activities No. 10 of 2005

- Ministry of Justice Law No. 18 of 2005

- Civil Procedures Law No. 83 of 1969 (amended)

- Internal Regulations of the Iraqi Chambers of Commerce

- Internal Regulations of the General Authority for Free Zones No. 3 of 1999

- Implementation Instructions for Government Contracts No. 2 of 2014.

- Law on Arbitration in Civil, Economic, and Commercial Disputes No. 4 of 2008 (Syrian).

- UAE Civil Procedures Law No. 11 of 1999.

- Riyadh Arab Agreement for Judicial Cooperation.

- Arab Convention on Commercial Arbitration 1987.

- United Nations General Assembly Resolution No. 17/140/A of 1985.

- Abdulhamid Mohammed Al-Hussaini, "Maritime Arbitration According to the UAE Civil Procedure Law, Egyptian Law, and International Agreements," published by Dar Al-Jamia Al-Jadida, Egypt.

- Ibn Manzur, "Lisan Al-Arab," Volume 2, Beirut.

- Abdulhamid Al-Ahdab, "Encyclopedia of Arbitration," Volumes 1, 2, and 3, Published by Noufal, Beirut, 1990.

- Abbas Al-Abboudi, "Explanation of the Provisions of the Civil Procedure Law," Dar Al-Kutub for Printing and Publishing, Mosul, 2000.

- Iman Fathi Hassan Al-Jameel, "Maritime Arbitration Agreement According to Egyptian Arbitration Law and International Treaties," Dar Al-Jameea Al-Jadeeda, Egypt, 2013.

- Fuad Al-Alwani, "Arbitration Clauses in Charter Parties and Lease Agreements," Legal Culture, Baghdad, 1992.

- Ali Tahir Al-Bayati, "Maritime Commercial Arbitration," 1st Edition, Dar Al-Thaqafah for Publishing and Distribution, Oman, 2005.

- Atif Mohamed El-Fiqi, "Maritime Commercial Arbitration – A Comparative Study of Maritime Arbitration in London, New York, and Paris with an Explanation of the Egyptian Arbitration Law in Civil and Commercial Matters for the Year 1994," Dar Al-Nahda Al-Arabiya, 2004.

- Abu Zeid Radwan, "General Principles of International Commercial Arbitration," Dar Al-Fikr Al-Arabi, Beirut, 1981.

- Ahmed Mohamed Abdel-Sadek, "The General Reference in Egyptian, Arab, and International Arbitration," Dar Al-Qanoon for Legal Publications, 6th Edition, 2014.

- 28- Ashraf Abdel-Aleem Al-Rafai, "Arbitration Agreements and Practical and Legal Issues in Private International Relations - A Comparative Judicial Jurisprudential Study," Dar Al-Fikr Al-Jamei Al-Iskandariya, 2006.

- Ahmed Abdel-Kareem Salama, "International Commercial Arbitration Law: Theory and Comparative Application," Dar Al-Nahda Al-Arabiya, Cairo, 1st Edition, 2004.

- Tharwat Abdel-Rahim, "Explanation of Saudi Maritime Law," King Saud University Press, Riyadh, 1985.

- Muhammad Al-Sayyed Al-Faqi and Al-Mu'tasim Billah Al-Gharyani, "Fundamentals of Commercial and Maritime Law," Dar Al-Jamea Al-Jadida, Alexandria, 2003.

- Nabil Abdul-Rahman Al-Hayawi, "Principles of Arbitration," 3rd Edition, Legal Library, Baghdad, 2004.

- Talib Hassan Musa, "Maritime Law," 1st Edition, Dar Al-Thaqafah for Publishing, Oman, 2004.

- Abdel-Hameed Mohamed Al-Husseini, "Maritime Arbitration," Dar Al-Jamea Al-Jadida, Alexandria, 2007.

- Adli Amir Khalid, "Maritime Transportation Contract," Dar Al-Jamea Al-Jadida, Alexandria, 2006.

- Fuad Al-Alwani, "Arbitration Clauses in Charter Parties and Lease Agreements," Legal Culture, Baghdad, 1992.

- Khadija Boudali, "Arbitration Agreement in Maritime Transport Contract," Doctoral Thesis in Private Law, University of Abi Bakr Belkaid, Tlemcen, 2015.

- Samira Yaakoubat, "The Effectiveness of Arbitration in Achieving Self-Resolution of Maritime Disputes," Master's Thesis submitted to the Faculty of Law and Political Science, University of Kasdi Merbah - Ouargla, 2014-2015.

- Rahhal Al-Bu'anni, "Optional Arbitration in Moroccan Domestic Law," Postgraduate Diploma Thesis in Private Law, Faculty of Legal, Economic, and Social Sciences of Agdal, Rabat, 1987.

- Muhammad Baddah, "Maritime Arbitration Between the Will of the Parties and the Provisions of the Law," Article published in the Journal of Law and Business, Issue 23, 2019. [Read online](https://www.aifica.com/2019/07/22/2048/amp/). Accessed on June 4, 2023.

- Amina Portaal, "Maritime Arbitration Agreement," Research published in the Algerian Journal of Maritime Law and Transport, Issue 6. [Read online](https://www.asjp.cerist.dz/en/downArticle/553/4/2/83281). Accessed on June 1, 2023.

- Naji Abdel Momen, "Major Trends in the Extension of the Arbitration Clause," Research published in the Journal of Legal and Economic Sciences, Issue 2, 2006.

- Abdel Ali Al-Adraawi, "Domestic Commercial Arbitration," Research published in the Journal of the Judicial Supplement, Issue 33, 1998.

- Khaled Ahmed Abdel-Hamid, "The Role of the Judiciary in Enforcing Arbitral Awards," Research published in the Supreme Council Records Series, The Security Printing Office, 2005, Issue 7.

- Nadia Ismail Mohammed Al-Jubaili, "The Arbitration Clause in Bahraini Arbitration Law No. 9 of 2015: A Comparative Study," Research published in the Legal Journal, 2019. [Read online](https://www.lloc.gov.bh/qanoniya/author/%D8%A7%D9%84%D8%AF%D9%83%D8%AA%D9%88%D8%B1%D8%A9%20%D9%86%D8%A7%D8%AF%D9%8A%D8%A9%20%D8%A5%D8%B3%D9%85%D8%A7%D8%B9%D9%8A%D9%84%20%D9%85%D8%AD%D9%85%D8%AF%20%D8%A7%D9%84%D8%AC%D8%A8%D9%84%D9%8A).

- Here are the translations for the additional items you provided:

- Decision of the Court of Appeal of Casablanca, Commercial Chamber, Case No. 78, 1997.**

- Omar Mashhour Hadeetha, "Arbitration in Maritime Disputes," Published on the website:

[addustour.com](https://www.addustour.com/articles/291554-%D8%AE%D9%84%D8%A7%D9%84-%D9%85%D8%AD%D8%A7%D8%B6%D8%B1%D8%A9-%D8%AA%D8%A7%D8%B1%D9%8A%D8%AE-%D8%A7%D9%84%D8%B2%D9%8A%D8%A7%D8%B1%D8%A91/6/2023).

- Abdulwahab Al-Qasab, "The Iran-Iraq War 1980-1988: A Comparative Analytical Reading in the Memoirs of Lieutenant General Nizar Al-Khazraji," Arab Center for Research and Policy Studies.

- Article: "The Iran-Iraq War: Part of the Gulf Conflicts," Published on [marefa.org](https://m.marefa.org/%D8%A7%D9%84%D8%AD%D8%B1%D8%A8_%D8%A7%D9%84%D8%A5%D9%8A%D8%B1%D8%A7%D9%86%D9%8A%D8%A9_%D8%A7%D9%84%D8%B9%D8%B1%D8%A7%D9%82%D9%8A%D8%A9), Visited on June 5, 2023.

- Website of the Basra Chamber of Commerce: [basrachamber.iq](https://basrachamber.iq/), Visited on June 2, 2023.

- Rules of Arbitration of the Paris Maritime Arbitration Chamber.

- Rules of Arbitration of the United Nations Commission on International Trade Law (UNCITRAL).

- Website of the Basra Chamber of Commerce: [basrachamber.iq](https://basrachamber.iq/), Visited on June 2, 2023.

التنزيلات

منشور

2024-02-11

كيفية الاقتباس

., L. K. zaghair albadree. (2024). Maritime arbitration. مجلة جامعة تكريت للحقوق, 8(1), 548–581. استرجع في من https://tujr.tu.edu.iq/index.php/home/article/view/184