chapter  1
The Conflict of Laws
ByYvonne Baatz
Pages 74

This chapter considers 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. It deals with jurisdiction is to highlight the differences that can occur in one jurisdiction rather than another, due to the different maritime conventions which States are parties to. Arbitration in London is a popular choice of dispute resolution in maritime contracts. Maritime contracts, such as bills of lading, marine insurance policies and international sales contracts often provide for the exclusive jurisdiction of the High Court in London. The European Court of Justice considered whether there was a conflict between the Arrest Convention and the EC Jurisdiction Convention in The Maciej Rataj. The Recast Jurisdiction Regulation and the other international convention must be read together where that is possible.