Three Problems Caused by Arbitration Clauses Incorporated into Bills of Lading
Abstract
Standard charter party forms and bills of lading are used for the carriage of goods by sea in the international trade. It is also common to refer in the bills of ladings to the charter party terms and conditions including, inter alia, arbitration clauses. The charterer may endorse the bill of lading and transfer it to a third party who is not party to the charter party. In that case, if a dispute arises in the course of the voyage the issue of whether or not arbitrators have the authority to rule on the dispute should be resolved. In this paper, three issues, how to determine the applicable law to the validity and existence of the arbitration clause in case of an incorporation; as to whether third parties bound by the arbitration clause incorporated into a bill of lading and whether or not arbitration clauses should be treated differently and what could be the reason for the different treatment, will be examined and addressed.
Keywords
References
- Three Problems Caused by Arbitration Clauses Incorporated into Bills of Lading
Details
Primary Language
English
Subjects
-
Journal Section
Research Article
Authors
Serpil Yılmaz
This is me
Publication Date
December 12, 2016
Submission Date
December 12, 2016
Acceptance Date
-
Published in Issue
Year 2016 Volume: 48 Number: 65