Jurisdiction Clauses and Forum Non Conveniens in the Carriage of Goods by Sea
Bibliographic record
Abstract
In the past, the courts of all nations have jealously guarded their jurisdictions and have looked unfavorably on clauses in contracts which called for suit elsewhere. In consequence, courts properly seized with a dispute, have usually refused motions calling for the stay of proceedings. However, recently, motions for stay have been received more sympathetically, so that a whole new body of forum non conveniens law has sprung up. Admiralty too has had a tradition of being much more open to jurisdictions clauses in bills of lading and to the principle of forum non conveniens. Choice of jurisdiction is one of the three major branches of conflict law, and of major importance in maritime law, because of the mobility of ships and the fact that carriage by sea very often involves more than one jurisdiction. Just as it is imperative that maritime law be uniform and international and that the choice of law rules be similar throughout the world, so is it essential that choice of jurisdiction rules by various nations be the same. Unfortunately, that is not the case today. In order to fully understand forum non conveniens and the discretionary right of the trial judge, one must appreciate that forum non conveniens has been used by both courts of Equity and of common law, while it has been known much earlier in some civil law regimes and in Admiralty law, which the latter has the closest connection with civil law. This chapter describes choice of jurisdiction rules and the principle of forum non conveniens in Admiralty in the United States, the United Kingdom, Canada ad France with respect to the carriage of goods under bills of lading. Also examined in this chapter are the effects of the Hague Rules, the Visby Rules, the Hamburg Rules and the Multimodal Convention on jurisdiction clauses and on the principles of forum non conveniens. Finally, consideration is given to the very special Admiralty problem of declining jurisdiction when an in rem arrest of a ship has been made.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.005 | 0.008 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.005 | 0.014 |
| Scholarly communication | 0.007 | 0.009 |
| Open science | 0.001 | 0.004 |
| Research integrity | 0.004 | 0.006 |
| Insufficient payload (model declined to judge) | 0.005 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".