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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


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

  2. 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

  3. 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

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

  5. 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

  6. 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

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

  8. 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

  9. 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

  10. Making the Bahamas a Maritime Arbitration Hub Hogan Lovells | 10

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

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

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

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

  15. Questions? Hogan Lovells | 15

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

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