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CHAPTER 1 The Conflict of Laws

Maritime Law

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The Conflict of Laws

The Conflict of Laws

Professor Yvonne Baatz

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1 Introduction

When an international dispute arises out of a maritime contract or incident such as a collision, it is necessary to consider at the outset which law applies to the dispute, which tribunal has jurisdiction to determine the dispute on its merits, whether there is any time bar and whether the claimant can obtain security for its claim. Many maritime contracts contain express governing law and jurisdiction clauses. This chapter will consider the extent to which the English courts will give effect to party choice, the limits on that choice as a result of the maritime conventions and what the position is where no choice has been made. First the reason why these issues matter will be explored.

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