Maritime and Cruise Ship Arbitration: Charting the Course and - PowerPoint PPT Presentation

Maritime and Cruise Ship Arbitration: Charting the Course and Setting Sail Juan C. Garcia Counsel

Maritime and Cruise Ship Disputes Types of Agreements Types of Claims Employment contracts Personal injury claims • • with crew members (crew and passengers) • Contracts with passengers • Employment related claims • Onshore/offshore shipbuilding contracts Construction claims • Ship repair contracts General commercial • • claims • Ship financing agreements Hogan Lovells | 2

Elements of an Arbitration Clause Arbitral center and applicable • Determines who will administer the arbitration rules • Establishes default rules • Determines the applicable arbitral and procedural law Seat of arbitration • Place where award can be annulled • Law that governs the underlying claims Substantive law • Unrelated to the seat of arbitration Venue of arbitration • Physical place of the arbitration Number of arbitrators •• Typically 1 or 3 arbitrators Nationality and experience of • Can require arbitrators to have specific experience and background arbitrators Language •• Can specify the language of the proceeding Hogan Lovells | 3

Arbitration in the Bahamas Why arbitrate cruise ship disputes in the Bahamas? • Tourism and cruise industry a key market Hogan Lovells | 4

Arbitration in the Bahamas Why arbitrate cruise ship disputes in the Bahamas? • The Bahamas established a shipping register in 1976 • Number of vessels registered in the Bahamas: 1,693 Hogan Lovells | 5

Arbitration in the Bahamas Why arbitrate cruise ship disputes in the Bahamas? • Grand Bahama Shipyard Limited completed repairs on 20 cruise ships in 2016 • Has bookings for at least 23 ships in 2017 for refurbishment jobs Hogan Lovells | 6

Arbitration in the Bahamas Why arbitrate cruise ship disputes in the Bahamas? Panama Canal Expansion Freeport Harbor Expansion Hogan Lovells | 7

Making the Bahamas a Maritime Arbitration Hub • Well-developed substantive law • New York Convention – Stable and predictable – Bahamas ratified the New York Convention on 20 December 2006 – Adequately address issues • National arbitration law – Bahamas Arbitration Act of 2009 – UNCITRAL Model Law – Proposed changes? Hogan Lovells | 8

Making the Bahamas a Maritime Arbitration Hub • Arbitration Center – Chartered Institute of Arbitrators • Arbitration Rules – Rules specific to cruise ship industry – Proposed rules? Hogan Lovells | 9

Making the Bahamas a Maritime Arbitration Hub Hogan Lovells | 10

Making the Bahamas a Maritime Arbitration Hub • Standard Arbitration Clause – Clause specific to cruise ship arbitration – Proposed clause Hogan Lovells | 11

Making the Bahamas a Maritime Arbitration Hub • Proposed clause Hogan Lovells | 12

Making the Bahamas a Maritime Arbitration Hub • Proposed clause Hogan Lovells | 13

Making the Bahamas a Maritime Arbitration Hub • Proposed clause Hogan Lovells | 14

Questions? Hogan Lovells | 15

Maritime and Cruise Ship Arbitration: Charting the Course and Setting Sail Juan C. Garcia Counsel