Abstract
This chapter considers which court or arbitration tribunal will have jurisdiction to determine a maritime dispute. It discusses the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958; the 2005 Hague Convention on Choice of Court Agreements; Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) and its predecessors; and the English common law rules. The importance of party choice is explored together with the remedies available to the English court to enforce party choice such an anti-suit injunctions and damages for breach; the position where no choice has been made; and where there are multiple proceedings. The law applicable to a maritime dispute is also discussed where either Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I) or, if the contract was concluded before 17 December 2009, the Convention on the Law Applicable to Contractual Obligations of 1980 (the “Rome Convention”); or Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations (Rome II); or English common law applies.
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