MLA CoCoG – CMI – Joint Meeting – May 2016
I apparently posted this message last week and did not circulate the message. Anyway, I am sending it now:
In just a few weeks we will be getting together and I wanted to share with you a description of who and what you can expect at the Joint meeting we are having wit the CMI Rotterdam Rules IWG. Please see below description.
In addition, I anticipate that our panel will qualify for two CLE credits.
MLA Carriage of Goods by Sea Committee / CMI Rotterdam Rules IWG
A comparative analysis of how courts in different countries deal with Jurisdiction and Arbitration Clauses in Bills of Lading and Other Sea Carriage Documents”
The session focuses on a classic problem of jurisdiction and arbitration clauses in a transport document. It examines whether and to what extent jurisdiction and arbitration clauses are enforceable in each jurisdiction and how the situation might be affected when the Rotterdam Rules enter into force including whether each state is likely to opt-in the chapters on jurisdiction and arbitration.
Each of the speakers will provide a short history of how their country has viewed jurisdiction and arbitration clauses, how currently the legislator and the courts in that country are viewing jurisdiction and arbitration clause and they will handle these clauses in the future.
The speakers are chosen taking into account of geographic diversity and different legal tradition (common law/ civil law).
After each speaker has had the opportunity to present, Michael Sturley will moderate a discussion among the speakers with respect to the issues that may be raised in their speech.
Susan M Dorgan and Tomotaka Fujita
National and Regional Reports
Ricardo Rozas – Chile
V.J. Matthew – India
Maria Dragun Gertner – Poland and EU
Sarah Derrington – Australia
Tomotaka Fujita – Japan
Susan M Dorgan – U.S.
Chester Hooper – Rotterdam Rules
[Steve Miller: U.S and Rotterdam Rules]
Panel Discussion with Hypothetical Case
Moderator: Michael Sturley
Panelists: Ricardo Rozas, V.J. Matthew, Susan M Dorgan, Chester Hooper, Maria Dragun Gertner, Sarah Derrington andTomotaka Fujita