Forum Shopping in the Carriage of Goods by Sea.

Abstract

Choice of forum is an important matter in maritime litigation as it affects the judgement of disputes and is crucial to determine limits of liability. Furthermore it is also a mean to avoid timewasting and expensive judicial processes.

Since it can be used in an abusive way, forum shopping is restricted in international conventions and national law. There is a need to separate abusive forum shopping form forum selection, which is merely a strategic tool in litigation.

The parties in a maritime dispute have relatively good chances of affecting jurisdiction both before and after damage has occurred, but their acting space differs slightly under different regimes.

The Rotterdam Rules are not yet in force, but regulates jurisdiction and arbitration in an attempt to create a balance between the carrier and cargo interests and represents the possibility to restrict forum shopping through regulating jurisdiction on an international level. Additionally, if it comes into force and proves to be efficient it could offer a solution to the present scattered system of multiple regimes regulating the carriage of goods by sea.