Three Problems Caused by Arbitration Clauses Incorporated into Bills of Lading
Öz
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.
Anahtar Kelimeler
Kaynakça
- Three Problems Caused by Arbitration Clauses Incorporated into Bills of Lading
Ayrıntılar
Birincil Dil
İngilizce
Konular
-
Bölüm
Araştırma Makalesi
Yazarlar
Serpil Yılmaz
Bu kişi benim
Yayımlanma Tarihi
12 Aralık 2016
Gönderilme Tarihi
12 Aralık 2016
Kabul Tarihi
-
Yayımlandığı Sayı
Yıl 2016 Cilt: 48 Sayı: 65