Resolution of Maritime Disputes: Ad-hoc vs Institutional Mechanisms

Abstract

The maritime industry had for long, recognized the relevance and significance of arbitration as a method of dispute resolution. The industry has been utilizing quasi-ad-hoc mechanism in conducting its arbitrations. Of recent, the industry is witnessing a phenomenal shift from the traditional quasi –ad-hoc mechanism to institutional mechanisms whereby special administrative centers dedicated to the resolution maritime disputes are being established to administer the dispute resolution. Recently, the government of Dubai in the United Arab Emirates, pursuant to Decree No (14) of 2016 had established Emirates Maritime Arbitration Center with the objective of settling local and international maritime disputes using alternative dispute resolution methods. The paper investigates the two approaches of ad-hoc vs institutionalism of administering dispute settlement in the maritime industry from a tailored analytical tool of ‘access to arbitration’ mirrored on the well-established legal principle of access to justice.