PHÁP LUẬT VỀ GIẢI QUYẾT TRANH CHẤP HỢP ĐỒNG VẬN CHUYỂN HÀNG HÓA BẰNG ĐƯỜNG BIỂN QUỐC TẾ BẰNG TRỌNG TÀI THƯƠNG MẠI Ở VIỆT NAM

Abstract

Contract for the carriage of goods by sea is a particular type of contract of carriage. The carrier will use ships to transport goods from one port to another, passing through one or more sea areas between countries, international waters ... Since then, disputes arise based on implementation. Contract for the carriage of goods by international sea is often very complicated in choosing dispute settlement agency, applicable law. Accordingly, there are two mechanisms for the participation of third parties in the resolution and decision-making process, namely the court and arbitration mechanism. With international characteristics of contract disputes, the arbitration mechanism has certain advantages and disadvantages in the settlement process. The paper focuses on dispute settlement mechanisms in international freight contracts by sea as an effective and fast dispute settlement mechanism.