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The Hague Convention on Choice of Court Agreements: The Maritime Exceptions

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Abstract:

The 2005 Hague Convention on Choice of Court Agreements excludes from its scope a number of areas of traditional maritime law, including carriage of passengers and goods by sea, marine pollution, limitation of liability, general average, emergency towage and salvage. The rational for their exclusion is that either there exists for these matters more specific international instruments, or national, regional or international rules on exclusive jurisdiction or that the interest of third parties is at stake. This article examines these exclusions and questions whether the justification for their exclusion is warranted. It concludes that some of the exclusions may prove to be a missed opportunity to bring much needed uniformity to an increasingly fragmented maritime law.

Document Type: Research Article

Publication date: December 1, 2009

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