Some aspects of maritime arbitration in Croatian, English and German law

• Some aspects of maritime arbitration in Croatian, English and German law

  Authors: Dr. Slađana Aras Kramar, Prof. Aleksandra Maganić

   

  Keywords: maritime disputes, arbitration, Permanent Arbitration Court at the Croatian Chamber of Economy, London Maritime Arbitrators Association, German Maritime Arbitration Association, Arbitration Act, procedure, Croatian law, English law, German law

  This paper portrays an analyses of some organisational-competence-functional aspect of the maritime arbitration in Croatian, English and German law, considering the data of the organised and conducted maritime arbitrations at the Permanent Arbitration Court at the Croatian Chamber of Economy (hereinafter PAC-CCE) in which organisation are recorded (though still modest) certain maritime arbitrations.

  The analysis of the maritime arbitration in Croatian law will be preceded by an analysis and discussion of the organisational-competence-functional aspects of the maritime arbitration in English and German law, in particular considering the maritime arbitrations at the London Maritime Arbitrators Association (hereinafter LMAA) and the German Maritime Arbitration Association (hereinafter GMAA). The choice of these two comparative systems is determined by the fact that in the context of these systems operate supra mentioned European maritime arbitration centers, and by the fact that maritime arbitrations at the LMAA lead in relation to other maritime arbitration centers. Also, the choice of the German comparative system is determined by the historical reasons, this means the strong influence of German law and the doctrine on Croatian law and the doctrine of procedural law.

  The review of the organisational-competence-functional aspects of the maritime arbitration in English and German law follows the system established by the authors. First, the concept and specificities of maritime arbitration in the compared systems, as well as the sources of arbitration law will be discussed. Then the impact of the maritime arbitration clauses on the court jurisdiction in the compared systems will be analysed.

  This paper considers the basic characteristics of the compared arbitration centers (LMAA, GMAA). After the comparative review of the arbitration centers, an analysis of the basic institute of the arbitration proceedings in the maritime disputes of the compared centers will be provided, namely: arbitration agreements, arbitral tribunal (appointment, number of arbitrators to be appointed, rights and duties of arbitrators), principles of arbitration proceedings, arbitration procedure, special (accelerated, written, summarised) arbitration proceedings (in relation to the value of dispute), evidentiary proceedings, costs of the arbitration proceedings, arbitration awards, remedies against the award, and enforcement of (domestic) awards.

  In the final part of the paper an indication of the tendencies of convergence and divergence regarding the comparative systems included into the analysis will be given. Considering the comparative analysis, as well as analysis of the historical sources of the Croatian maritime arbitration and (still modest) practice, some projections de lege ferenda will be indicated in order to encourage development of the practice of the maritime arbitration in Croatia. It will particularly be considered the organisational aspect, the need to establish a specific maritime arbitration center of the PAC-CCE whose seat will be outside of Zagreb, on one of the maritime destinations.

  Keywords: maritime disputes, arbitration, Permanent Arbitration Court at the Croatian Chamber of Economy, London Maritime Arbitrators Association, German Maritime Arbitration Association, Arbitration Act, procedure, Croatian law, English law, German law

  Some aspects of maritime arbitration in Croatian, English and German law

  This paper portrays an analyses of some organisational-competence-functional aspect of the maritime arbitration in Croatian, English and German law, considering the data of the organised and conducted maritime arbitrations at the Permanent Arbitration Court at the Croatian Chamber of Economy (hereinafter PAC-CCE) in which organisation are recorded (though still modest) certain maritime arbitrations.

  The analysis of the maritime arbitration in Croatian law will be preceded by an analysis and discussion of the organisational-competence-functional aspects of the maritime arbitration in English and German law, in particular considering the maritime arbitrations at the London Maritime Arbitrators Association (hereinafter LMAA) and the German Maritime Arbitration Association (hereinafter GMAA). The choice of these two comparative systems is determined by the fact that in the context of these systems operate supra mentioned European maritime arbitration centers, and by the fact that maritime arbitrations at the LMAA lead in relation to other maritime arbitration centers. Also, the choice of the German comparative system is determined by the historical reasons, this means the strong influence of German law and the doctrine on Croatian law and the doctrine of procedural law.

  The review of the organisational-competence-functional aspects of the maritime arbitration in English and German law follows the system established by the authors. First, the concept and specificities of maritime arbitration in the compared systems, as well as the sources of arbitration law will be discussed. Then the impact of the maritime arbitration clauses on the court jurisdiction in the compared systems will be analysed.

  This paper considers the basic characteristics of the compared arbitration centers (LMAA, GMAA). After the comparative review of the arbitration centers, an analysis of the basic institute of the arbitration proceedings in the maritime disputes of the compared centers will be provided, namely: arbitration agreements, arbitral tribunal (appointment, number of arbitrators to be appointed, rights and duties of arbitrators), principles of arbitration proceedings, arbitration procedure, special (accelerated, written, summarised) arbitration proceedings (in relation to the value of dispute), evidentiary proceedings, costs of the arbitration proceedings, arbitration awards, remedies against the award, and enforcement of (domestic) awards.

  In the final part of the paper an indication of the tendencies of convergence and divergence regarding the comparative systems included into the analysis will be given. Considering the comparative analysis, as well as analysis of the historical sources of the Croatian maritime arbitration and (still modest) practice, some projections de lege ferenda will be indicated in order to encourage development of the practice of the maritime arbitration in Croatia. It will particularly be considered the organisational aspect, the need to establish a specific maritime arbitration center of the PAC-CCE whose seat will be outside of Zagreb, on one of the maritime destinations.