A Comparative Study of Maritime Arbitration across the Taiwan Strait

• Main Authors: Yu-Wei Wang, 王煜緯
• Other Authors: Chih-Ching Chang
• Format: Others
• Language: zh-TW
• Published: 2005
• Online Access: http://ndltd.ncl.edu.tw/handle/84164951035313862552

碩士 === 國立臺灣海洋大學 === 航運管理學系 === 93 === Maritime Arbitration has been adopted to settle maritime disputes for a long time. Those issues involved in maritime arbitration include salvage, ship brokering and chartering, cargo claims, sale of ship, etc. Therefore, maritime arbitration acts as an important role in dealing with international maritime activities. In view of the development of trades across the Taiwan Straits and the demands of solving maritime disputes across the straits, maritime arbitration becomes a trend because if can avoid certain problems arising from jurisdiction arguments. Maritime cases settled by arbitration are able to solve arguments in shipping industries without involving national jurisdiction and political difficulties across the Taiwan Straits. The thesis reviews relevant academic articles and materials to explore the nature of arbitration, and its application which being adopted to settle maritime disputes. If also examines arbitration agreements and discusses their effect. This thesis also compares those contents of arbitration clauses, including arbitral institution, arbitral procedures and rules, and governing laws. In order to effect an arbitral award on the other side across the Taiwan Strait, this thesis also discusses the recognition and enforcement of arbitral award according to the laws or regulations of both sides. If aims to provide reference to commercial circles and shipping industries which are involved in maritime activities across the Taiwan Straits.