دعوى مسؤولية الناقل البحري للبضائع : (الاختصاص المكاني و القانون واجب التطبيق)‎ في ضوء قانون التجارة البحرية السوري و الاتفاقيات الدولية

Abstract EN

The responsibility of the marine transporter is sued when the transporter has breached its obligation to deliver the goods intact in the agreed time.

So some issues are asked here, to whom area of jurisdication is having the final word in the dispute? And what is the law obligated to apply on the dispute at the time of agreeing to settle it through the arbitration? Commercial Marine Syrian Law and International Conventions have gone to adopt rules determining the area of jurisdiction at resorting to the judiciary, these rules gave the plaintiff the right to choose among a group of places.

International conventions were marked by a space of freedom with respect to the area of jurisdiction.

we believe that some of them have been good, and others would have negative repercussions whether on the damaged and on the International Convention in general.

As for the obligatory applied law on the dispute, agreed to be compromised by arbitration.

So one of the principles governing arbitration laws is the freedom of the parties of arbitration agreement to determine the law that should be applied on the dispute, but this matter has been difficult to be carried out in relation to the contract of marine transport of the goods, for the privacy which this contract enjoys in and what the laws and conventions organizing it, depend on in the balance of conflicting interests.