On Some Legal Issues Of Maritime Arbitration

Since the opening-up of China, the shipping industry of China has developed rapidly. Meanwhile, various kinds of maritime disputes also increase quickly. Maritime Arbitration has been playing an important role on the settlement of maritime disputes. But most of the maritime disputes have been settled through arbitration in London. While London Maritime Arbitrators' Association( LMAA) handles over 1000 cases per year , China Maritime Arbitration Commission (CMAC), the sole arbitration agency of maritime disputes in China, handles only 20 cases per year in the past 40 years after its foundation. The Stagnation of Chinese maritime arbitration can neither meet the rapid development of China' s shipping industry, nor correspond with the mission that CMAC should undertake. The reasons therefore rest, among others, in the fact that Chinese maritime arbitration system is far from satisfactory.Through comparison of some legal issues of Maritime Arbitration in China and England and based on my practice in handling maritime disputes, this dissertation makes a comprehensive study of Chinese maritime arbitration system, and tries to find the factors which hinder its development. Thereafter this paper makes suggestion on how to reform China' s maritime arbitration system. Meanwhile, this paper also makes some comments on the improvement of the quality and efficiency of the cases, which were handled by CMAC.This paper falls into 6 chaptersChapter 1 makes a brief introduction of maritime arbitration, including its history and modern development, main maritime arbitration agencies, such as LMAA, CMAC etc. and their arbitration rules.Chapter 2 mainly compares the respective advantages and disadvantages of ad hoc arbitration and institutional arbitration and argues that ad hoc arbitration should be introduced into China' s maritime arbitration system.Chapter 3 discusses the concept, types, forms and contents of arbitrationagreement, and its validity, independence principle and lex causae as well.Chapter 4 discusses the qualification of the arbitrators, the formation of the arbitral tribunal and the relationship between the arbitration tribunal and arbitration commission. Particularly in this Chapter, the special procedure of maritime arbitration, that is, summary procedure and mediation procedure are analyzed.Chapter 5 concerns the types of arbitration award, the time and place of making an award, the effect of a valid award, void award, and the admission and enforcement of arbitration awards.Chapter 6 focuses on the problems and reform of China' s maritime arbitration system. There exist a lot of problems in the present situation of China' s arbitration system. For example, the criteria of a valid arbitration agreement is too rigorous, ad hoc arbitration is not allowed, the principle of Kompetenz-kompetenz is denied, and soon. Additionally, there also exist a lot of problems with CMAC itself, such as its improperly strong authority. Its arbitration rule also needs further improvement. Based on the foregoing analysis, this paper brings forth some suggestions on the reform of China' s maritime arbitration system. The author believes that the criteria of valid arbitration should be more flexible, ad hoc arbitration should be introduced into China' s maritime arbitration, the arbitration tribunal should be vested the authority of determining its jurisdiction, and the judicial review of maritime arbitration award should also be improved. Besides, this paper also involves the administration improvement of CMAC.