The scaled clause in charter contracts and charter parties

Authors

Keywords:

Chartering, arbitration clause, Scheduling, Maritime Law, Comparative Law

Abstract

International Maritime Law includes rules, many of which are consolidated by repeated market practices. Among the charter contracts, one of the most used by the shipping industry, the provision of the arbitration clause always points to the possibility of expanding expenses, when presented to the need to resolve disputes. This article analyzes the scenario of the use of the arbitration clause in charter contracts using bibliographic research as a methodology, from the perspective of Comparative Law. In the course of the analysis, we will present the advantages and implications of using the scaled procedure instruments of extremely high values characteristic of Maritime Law.

Author Biographies

Marcella da Costa Moreira de Paiva, Universidade Federal Fluminense

University Professor in the Post-Graduation of Civil Procedure and Legal Management at the Brazilian Institute of Capital Markets (IBMEC). University Professor of the Law Course at Salgado de Oliveira University (UNIVERSO). Doctoral student in Law at the Graduate Program in Law, Institutions and Business (PPGDIN), at Universidade Federal Fluminense. Master by the University of Vigo, Spain. Master in Administrative Justice, under the line of research Ethics and Justice, at Universidade Federal Fluminense. Post-graduated in the MBA in Business Law at Fundação Getúlio Vargas (FGV). Member of the Arbitration Research Group of Universidade Federal Fluminense (UFF). Co-supervisor of the Arbitration Team at Universidade Federal Fluminense. Bachelor of Laws from Universidade Federal Fluminense (UFF). Former member of the Competition Arbitration Team at Universidade Federal Fluminense (2013).

Marcello Guimarães, Universidade Federal Fluminense

PhD student at PPGD UFF. Master in Law and Economics from UGF, Post-Graduate from UFF and FGV, Bachelor of Laws from UFRJ and Lawyer. He is currently Vice President Oil and Gas for Brazil and Latin America at Hill International, Inc. One of the fifty Brazilian members of the Dispute Board Resolution Foundation (DBRF), is a speaker and lecturer, specializing mainly in Compliance, Claims, Mediation and Arbitration . Has experience in the area of ​​Law, with emphasis on Private Law.

Sérgio Gustavo de Mattos Pauseiro, Universidade Federal Fluminense

Adjunct Professor - Universidade Federal Fluminense, discipline Private International Law and General Private Law. Collaborated Professor of the Doctorate in Administrative Justice - PPGJA. Professor at the Brazilian Institute of Capital Markets - IBMEC. Post-graduation in Administrative Litigation (Petrobrás), discipline Arbitration in the Oil Industry. PhD in Sociology and Law from Universidade Federal Fluminense. Researcher at the Democracy, Rule of Law and Citizenship Research Group. Leader of the Human Rights Research Group under the Discursive Perspective. Coordinator of the Arbitration Research Line on Prima Habermasiano.

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Published

2022-03-31

Issue

Vol. 2 No. 4 (2020): Jul./Dez.

Section

Artigos

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