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The Revised Hague Rules On Bills Of Lading, Gabriel M. Wilner
The Revised Hague Rules On Bills Of Lading, Gabriel M. Wilner
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In what amounts to a proposed new Convention to replace the "Hague Rules," the United Nations Commission on International Law (UNCITRAL) has included an Article (22) authorizing parties to a contract for the carriage of goods to provide for arbitration of disputes arising therefrom. States which become parties to the Convention would be required to give effect to such a contract. The proposed Convention gives the plaintiff much the same options with respect to either the judicial or the arbitral forum. These options as to locale tend to favor the defending party -- usually the carrier. On the other hand, …
Choice Of Forum And Public Policy: Some Indications Of The Development In United States Law Of A Distinct "International" Public Policy, Gabriel M. Wilner
Choice Of Forum And Public Policy: Some Indications Of The Development In United States Law Of A Distinct "International" Public Policy, Gabriel M. Wilner
Scholarly Works
In this decade, the United States Supreme Court decided two cases which revolved around the enforceability of choice of forum clauses contained in transnational commercial contracts. The decisions which the Court rendered reshaped significantly the legal contours of the enforceability of such clauses. In the two cases, the Court signaled that it was prepared to recognize the distinction between what may be termed "internal" public policy and what may be termed "international" public policy. The recognition of this distinction is likely to have a vital bearing on the right of persons to provide for a specific foreign judicial or arbitral …