Pieter H.F. Bekker is a partner in Crowell & Moring LLP’s International Arbitration Group in New York. He also teaches at Columbia Law School. Dr. Bekker holds a Ph.D. degree from Leiden University Law School, The Netherlands, and an LL.M. from Harvard Law School.
Daniel Ginzburg is an associate in Crowell & Moring’s International Arbitration Group in New York.
The views expressed in this article are those of the authors and do not necessarily represent the views of Crowell & Moring LLP or its clients. This article is not to be interpreted or relied upon as legal advice.
A new convention on contracts for carriage by sea contains arbitration provisions that will require some untangling. This article discusses some of the issues they raise.
The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, informally known as the “Rotterdam Rules”1 (hereinafter, the Rules) introduces a sub-set of binding arbitration provisions for the resolution of disputes relating to certain covered “contracts of carriage” by sea. The Rules have now been signed by over 20 countries.2 Nevertheless, they will not formally enter into force until ratified by 20 countries in a process that normally involves parliamentary approval.3 At press time, none of the signatories had yet ratified the Rules.