Publication: The Validity or otherwise of Forum Selection Clauses in Maritime Contracts
Publication: The Validity or otherwise of Forum Selection Clauses in Maritime Contracts
Foreign jurisdiction and arbitration clauses are common in maritime contracts. This is because most international shipowners and seaborne carriers of goods typically prefer to select the court or tribunal of their home country as the venue for the resolution of potential disputes. However, these clauses have been typically challenged considering the provision of section 20 of the Admiralty Jurisdiction Act, 1991 (AJA).
Hence, the argument has been put forward as to whether these forum selection clauses are enforceable when inserted into a maritime agreement. While some believe that parties are bound by their agreement and as such, an agreement must be kept, others believe that a contract that seeks to oust the jurisdiction of a court is invalid, null and void.
In this article, our Associates Taiye Adegoke, Somtochukwu .S. Anekwe, and Justice Uka-Ofor examine the validity or otherwise of forum selection clauses in maritime contracts vis a vis section 20 of the AJA.
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Hence, the argument has been put forward as to whether these forum selection clauses are enforceable when inserted into a maritime agreement. While some believe that parties are bound by their agreement and as such, an agreement must be kept, others believe that a contract that seeks to oust the jurisdiction of a court is invalid, null and void.
In this article, our Associates Taiye Adegoke, Somtochukwu .S. Anekwe, and Justice Uka-Ofor examine the validity or otherwise of forum selection clauses in maritime contracts vis a vis section 20 of the AJA.
Read here - https://lnkd.in/d9HvfKhs
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