UK Law and Practice Contributed by: Quentin Bargate and Elliot Bishop, Bargate Murray
7.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards The UK is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbi - tral Awards. The Convention is implemented domesti - cally by the Arbitration Act 1996, in particular Sections 100–104 and related provisions governing recognition and enforcement of Convention awards. English courts take a pro-enforcement approach, sub - ject to the Convention grounds for refusal (which are construed narrowly). 7.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction The Admiralty Court can order the arrest of a ves - sel and/or grant interim relief to obtain security even where the merits are subject to foreign arbitration or foreign court jurisdiction, provided the statutory requirements for the in rem claim (or other relief) are met. In practice, the court may permit arrest to stand as security while staying the substantive proceedings in favour of the agreed forum. In support of arbitration, the court may also exercise its powers under Sec - tion 44 of the Arbitration Act 1996 to grant interim measures where the statutory conditions (including urgency/necessity) are satisfied. 7.5 Domestic Arbitration Institutes London is a major centre for maritime arbitration. The LMAA provides widely used procedural terms and a panel/market of specialist maritime arbitrators for charterparty, bill of lading, shipbuilding and related disputes. In addition, institutions such as the London Court of International Arbitration may be used for maritime dis - putes, but the LMAA framework remains the predomi - nant specialist option in this jurisdiction. 7.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses Remedies in England and Wales where proceedings are commenced in breach of a foreign jurisdiction or arbitration clause include applying for a stay of the
The Athens regime provides a two-year limitation peri - od (subject to the Convention’s rules on when time starts to run) and sets out liability standards and limits (expressed in SDR) for death/personal injury and lug - gage. Passenger personal injury claims do not gener - ally constitute a maritime lien under English law, but they are within the Admiralty Court’s statutory in rem jurisdiction (subject to the Section 21 requirements) and therefore may constitute a “maritime claim” capa - ble of supporting arrest in appropriate cases. 7. Enforcement of Law and Jurisdiction and Arbitration Clauses 7.1 Enforcement of Law and Jurisdiction Clauses Stated in Bills of Lading English courts generally recognise and enforce gov - erning law and jurisdiction clauses in bills of lading, subject to ordinary contract principles and any appli - cable statutory constraints. Where a bill contains an exclusive foreign jurisdiction clause, the English court will ordinarily stay proceedings in favour of the chosen forum unless there is strong reason not to. Post-Brexit, enforcement and anti-suit relief issues are primarily addressed under English common law and any applicable international instruments (as relevant). In practice, properly drafted jurisdiction clauses in shipping documents are routinely upheld. 7.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading English courts will generally enforce arbitration claus - es (and law/jurisdiction clauses) incorporated from a charterparty into a bill of lading, provided incorpo - ration is effective as a matter of construction. This typically requires clear wording identifying the relevant charterparty and incorporating its dispute resolution clause. Where incorporation is effective, the court will gen - erally grant a stay of court proceedings in favour of arbitration under Section 9 of the Arbitration Act 1996, and will support arbitration through interim measures where appropriate.
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