Maritime Arbitration: Its Nature and Role in Resolving Maritime Disputes

Abstract

The research addresses maritime arbitration, defining it and explaining the reasons for resorting to it from the perspective of international agreements, national legislation, and international jurisprudence. Furthermore, the text explains the nature of maritime arbitration agreements, reviewing their various forms and their effects, which sometimes extend beyond the parties involved. It also addresses the location of the maritime arbitration agreement, considering it a crucial element upon which the agreement is based. Furthermore, focus on the maritime arbitration procedures undertaken by the maritime arbitration panel formed by the choice and will of the parties to the maritime arbitration agreement, with reference to the law to be applied by this panel, which is often determined by the parties to the maritime arbitration agreement. The research explains how maritime arbitration rulings are issued and the mechanism for their enforcement, whether voluntarily or by force. The research employs a descriptive-analytical approach to clarify the concept of maritime arbitration and its role in resolving international maritime disputes.The research's timeframe extends from the adoption of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 1958 to 2025, while its geographical scope encompasses maritime arbitration in international and national legislation. Finally, the research arrives at a set of findings and recommendations.