Σύγχρονες εξελίξεις στην εξωδικαστική και δικαστική επίλυση διάφορων - διαμεσολάβηση
KeywordsΝαυτική ασφάλιση ; Εναλλακτική επίλυση διαφορών ; Διαιτησία ; Διαμεσολάβηση ; Maritime insurance ; Alternative Dispute Resolution (ADR) ; Arbitration
Marine insurance covers the loss or damage of ships, cargo, terminals, and any transport or cargo by which property is transferred, acquired, or held between the points of origin and final destination. Marine insurance is very important because through marine insurance, ship owners and transporters can be sure of claiming damages especially considering the mode of transportation used. the latter most which causes a lot of worry to the transporters not only because there are natural occurrences which have the potential to harm the cargo and the vessel but also other incidents and attributes which could cause a huge loss in the financial casket of the transporter and the shipping corporation. Due to the specialization required to fulfill the requirement of maritime insurance, only few organizations offer insurance services to the maritime industry. Insurance organizations are supervised by international and state legislation, in order to avoid immunity and maintain means to conduct business that are compatible to state legislation. The size of the global maritime insurance market defines the significance of the institutional consolidation of the relevant business transactions. For that reason during the time, steady legislation foundations for the maritime insurance have been established, both in international and state level. International legislation and Conventions, which have been embodied in National Legislation of maritime and commercial states, rule the international maritime insurance market. Maritime disputes often face difficulties resolving disputes inside the national court system. Arbitration provides one of the means for peaceful settlement of disputes provided by international law. Maritime arbitration has developed on both an interstate and a transnational relations level. Arbitration has the respect of the international community which speeds up the pace towards the conclusion of international treaties, establishing of arbitration regulations and typical arbitration laws that make arbitration language of the age and its favorite reality. The essay is structured in two Parts. Part 1 discusses maritime insurance issues. Chapter 1 defines the concept of maritime insurance, mentioning the sectors that are covered via insurance services. A presentation of the Greek legislation follows, with references to current laws that govern the marine insurance market. Because of the global nature of maritime business, the essay references international organizations that offer maritime insurance services as well as the supervisory authorities. A separate paragraph depicts the entire process from an insurance request to the signature of the contract. Given that Greece is a major stakeholder in the global maritime business, the perspectives of the Greek maritime insurance market are discussed. Chapter 2 discusses the British maritime insurance legislation and specifically the MIA 1906, which consist the foundation for the National Common Law of a vast number of countries. Chapter 3 references IGA and IGPA agreements, which affected the maritime insurance market of the EU since they modified its competition rules. Part 2 extensively deals with the Alternative Dispute Resolution concept, mainly for the maritime sector, given that it becomes a favorable method for a more effective dispute resolution. Chapter 4 develops on the concept of Alternative Dispute Resolution and defines its advantages and disadvantages. Major International Treaties that govern the current International Law are mentioned in Chapter 5, while efforts of other parties (e.g. United Nations) to affect it are also discussed. Chapter 6 studies the Greek arbitration legislation while Chapter 7 describes the entire arbitration process of the Piraeus Association for Maritime Arbitration (PAMA). Also, the impact of information technology to the arbitration process is also discussed. Chapter 8 summarizes the concepts of maritime insurance and arbitration while making a connection between them, in order to highlight the impact of arbitration in cases of maritime insurance contract disputes.