osjdr

Upcoming Events

Symposium on Dispute Resolution in Special Education

Thursday, February 27, 2014
2:00 – 5:00 PM | Barrister Club

Friday, February 28, 2014
8:00 AM – 4:00 PM | Ohio Union

 

97 – Maritime

ARTICLES

Yvonne Baatz, Jurisdiction and Arbitration in Multimodal Transport, 36 Tul. Mar. L.J. 643 (2012).
This article examines the issue of whether jurisdiction agreements in multimodal transport should be determined by a court or by arbitration. In analyzing this issue, the author considers various historical approaches and concludes that there are two major unanswered questions that prevent the initial issue form being determined.
{44} ARBITRATION—GENERAL
{97} SUBJ MATTER: MARITIME
 
Russell J. Cortazzo, Jr., Development and Trends of the Lex Maritime from International Arbitration Jurisprudence, 43 J. Mar. L. & Com. 255 (2012).
The author discusses the international maritime arbitration forum and the forum’s successful role across the globe. He examines the three factors attributed to the growth of maritime arbitration as well as competing forces that make its future unclear.
{44} ARBITRATION—GENERAL
{97} SUBJ MATTER: MARITIME

Nicholas A. Machen, Note, Balancing Bargaining Power: The Eleventh Circuit Overreaches to Destroy the Public Policy Defense at the Initial Enforcement Stage of Arbitration in Lindo v. NCL, 36 Tul. Mar. L.J. 839 (2012).
This article includes an analysis of Lindo v. NCL, a case that examined whether an arbitration agreement that required that “the substantive law to be applied to the arbitration shall be the law of the flag state of the vessel” violates public policy. The article argues that the Eleventh Circuit overreached in holding that the public policy defense was unavailable in enforcing the arbitration agreement.
{44} ARBITRATION—GENERAL
{97} SUBJ MATTER: MARITIME

Theodora Nikaki, International Recent Development: United Kingdom, 36 Tul. Mar. L.J. 601 (2012).
This article analyzes recent developments in maritime law, specifically in and around the United Kingdom, and includes a discussion of how salvage awards are traditionally determined in arbitration. Two recent arbitration cases are analyzed. The author explains how the decisions in these two cases act as a departure from traditional holdings on salvage awards.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: INT’L
{97} SUBJ MATTER: MARITIME