Originially from: World Arbitration and Mediation Review (WAMR)

MARITIME ARBITRATION IN LONDON
by
Remzi Güvenç Kulen, LL.M. (Admiralty), Tulane University
Attorney, Istanbul, Turkey
London is one of the oldest and most famous centers for maritime
arbitration. “London maritime arbitration” generally refers to an arbitration
which takes place in London and involves a dispute relating in some way to a
ship, such as a charter party, a bill of lading, or a ship sale agreement.1 London is
a leading center for maritime arbitration, and the London Maritime Arbitrators
Association (LMAA) plays an important role in these arbitrations.
A. The Development of Arbitration in London
Arbitration is one of the oldest and most civilized methods of settling
disputes. London merchants resorted to arbitration early on to settle trading
disputes.2 In fact, it was the only method of obtaining justice based on contractual
rights and obligations until the Kings’ Courts found a way to enforce contractual
duties.3 Nevertheless, English official circles were very reluctant to accept
unregulated private dispute resolution to the displacement of the courts.4 Even
today, the formality in the proceedings and the existence of some form of judicial
review are the heritage of the jealous English courts and the old antagonism.
Notwithstanding the availability and extraordinary competence of the
English Commercial courts, whose judges are drawn from the senior Queens’
Counsel practicing in the field of commercial disputes, London arbitration is still
commonly chosen as a means of resolving disputes.5 Among its attractions is the
possibility of resolving disputes privately without the sometimes-unwelcome
publicity often given to court proceedings. Furthermore, because of the speed and
the simplicity of commercial arbitration, such proceedings are far more likely than