Applicable Maritime Conventions. To what extents do existing International Conventions in the Maritime field seek to reconcile the competing interests? The International Convention for the Unification of Certain Rules of Law relating to Bills of Lading of 25th August, 1924 (Hague Rules) as amended by the protocol of 23rd February 1968 (Hague Visby Rules) and the United Nations Convention or the Carriage of Goods by Sea (1978) Hamburg Rules are currently in force. The Conventions seek to cater to the needs of the various competing interests i.e. Cargo and shipper interests. Neither the Hague rules 1924 nor the Hague Visby Rules 1968 contain specific provisions on jurisdiction and arbitration of cargo claims35. The Hamburg Rules 1978 contain jurisdiction and arbitration provisions. The jurisdiction provisions are contained in Article 21 and the arbitration provisions in Article 22. The arbitration provisions states thus:
1. “Subject to the provisions of this article, parties may provide by agreement evidenced in writing that any dispute that may arise relating to carriage of goods under this Convention shall be referred to arbitration.
2. Where a charter party contains a provision that dispute arising thereunder shall be referred to arbitration and a xxxx of lading issued pursuant to the charter party does not contain special annotation providing that such provision shall be binding upon the holder of the xxxx of lading, the carrier may not invoke such provisions as against a holder having acquired the xxxx of lading in good faith.
3. The arbitration proceedings shall, at the option of he claimant, be instituted at one of the following places:
(a) a place in a state within whose territory is situated:
i. the principal place of business of the defendant or, in the absence thereof, the habitual residence of the defendant; or
ii. the place where the contract was made, provided that the defendant has there a place of business, branch or agency through which the contract was made; or
iii. the port of loading or the port of discharging; or
(b) any place designed for that purpose in the arbitration clause or agreement.
4. The arbitrator or arbitration tribunal shall apply the rules of this Conventions.
5. The provisions for paragraphs 2 and 4 of this article are deemed to be part of every arbitration clause or agreement, and any term of such clause or agreement which is inconsistent therewith is null and void.
6. Nothing in this article affects the validity of an agreement relating to the arbitrat...
