PIL.OT / DEVELOPMENT
PIL.OTv0.62.2
Kurdi, Akhmad Ikraam and Teuku Ahmad Dadek investigate how choice of law in a charter party allocates civil liability between shipowners and charterers if Iran unilaterally requires one party to pay a Strait of Hormuz toll. They also address which forum has jurisdiction and which law applies to resulting disputes involving shipowners, charterers and cargo owners.
Using a normative juridical method with statutory and conceptual approaches, the authors conclude that governing law and war/piracy risk clauses determine the allocation of toll burdens. They also find that London arbitration (LMAA), with English lex arbitri, dominates the resolution of similar international maritime disputes.
Allocation of civil liability for tolls imposed by Iran in the Strait of Hormuz under charter parties, and the forum and law governing resulting disputes between shipowners, charterers and cargo owners.
The analysis distinguishes the allocation of toll liability under the charter party from the forum and law governing the resulting dispute, including English lex arbitri in London arbitration.
Ekasakti Journal of Law and Justice · 2026
DOI 10.60034/m07a5g97
Kurdi, Akhmad Ikraam, Teuku Ahmad Dadek, “Toll Payment Obligation in the Strait of Hormuz in Charter Party Contracts: Analysis of Legal Conflict, Civil Liability of the Parties and International Dispute Resolution Forums”, Ekasakti Journal of Law and Justice, 2026-10-30, 10.60034/m07a5g97. https://doi.org/10.60034/m07a5g97