What are the solutions available in maritime arbitration?

Maritime arbitration

Maritime arbitration is a specialized form of alternative dispute resolution (ADR) used to resolve disputes arising from maritime activities such as shipping, freight transport and marine insurance. It offers a flexible and efficient means of resolving disputes without resorting to litigation. This article explores the various remedies available in maritime arbitration and the factors considered in determining the appropriate remedy.

Types of Solutions in Maritime Arbitration

Monetary Solutions

• Damage: Monetary compensation awarded to the injured party to restore them to the position they would have been in if the violation had not occurred.
• Compensatory damages: They aim to restore the injured party to the position they would have been in if the violation had not occurred.
• Punitive Damages: Granted to punish the offender and deter similar conduct in the future.
• Restitution: It aims to restore the parties to their pre-contractual positions by canceling the contract.
• Termination: It aims to restore the parties to their pre-contractual positions by canceling the contract.
• Refund in kind: Requires the offender to restore the injured party to its original position by returning the property or its equivalent.

Specific Execution

• Definition: An order that obligates the breaching party to fulfill its contractual obligations.
• Conditions for granting specific performance:
• The contract must be valid and enforceable.
• The object of the contract must be unique or difficult to replace.
• Damages would be an inadequate remedy.

Injunctions

• Definition: A court order that compels or prohibits a party from doing or continuing a specific action.
• Types of injunctions:
• Mandatory injunctions: They order the party to take a specific action.
• Prohibitive injunctions: Prohibit the party from taking a specific action.

Declaratory Judgments

• Definition: A court order that clarifies or determines the rights and obligations of the parties involved in a dispute.
• Goal: Provide certainty and guidance to the parties.

Factors Considered in Determining the Appropriate Solution

• The nature of the breach of contract.
• The severity of the violation.
• The intentions and expectations of the parties.
• The commercial context of the contract.
• The availability and suitability of alternative solutions.

Execution of Arbitral Awards

• The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards: An international treaty that provides a framework for the recognition and enforcement of arbitral awards in more than 160 countries.
• National laws and procedures for enforcement of arbitration awards: They vary from country to country and may include provisions for challenging the enforcement of arbitration awards.

The choice of solution in maritime arbitration is crucial to achieving a fair and effective resolution of the dispute. Legal professionals play a vital role in advising clients on available remedies and their implications, ensuring that the appropriate remedy is pursued to protect their clients' rights and interests.