Shipping Law

Page 355


Jurisdiction, Arbitration and Applicable Law

Jurisdiction, Arbitration and Applicable Law

Page 356

The ultimate success of any shipping claim is dependent not only on the merits of the claim itself, but also on the claimant’s ability to obtain a judgment or arbitration award that can readily be enforced against the defendant’s assets. To this end, a claimant will seek to invoke the jurisdiction of the English courts for two purposes. The first is to have the substantive dispute heard. The second is to obtain security for any eventual judgment or arbitration award, even though it may not be intended that the substantive claim itself be heard in the English courts.

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