3 The Emmanuel Colocotronis (No 2) 1 Lloyds Rep 286, 289.
Regarding this see also C Ambrose and K Maxwell London Maritime Arbitration, 2002, 2nd ed, LLP, London, 32-33. The same commentator notes that growing criticism is being levelled at the use of incorporation clauses, particularly when they are used against an indorsee of a bill of lading who rarely has any knowledge of the charterparty terms. J F Wilson Carriage of Goods by Sea, 2004, 5th ed, Pearson Longman, 239. PhD student and teaching fellow at University College London. 2 Secondly such words must be suitable to describe the charterparty clause that is being incorporated. First of all, “the operative words of incorporation must be found in the bill of lading itself”. Wilson notes that “ strict contra proferentem approach has been adopted towards since, while arbitration clauses are common in charterparties, they are rarely found in bills of lading.” 1 Three conditions must be met in order for a charterparty arbitration clause to be successfully incorporated into the bill of lading. Where a bill of lading is issued under a charterparty, however, and where it expressly incorporates the charterparty’s arbitration clause into its terms, the parties to the contract of carriage contained in the bill of lading, including any transferees of the bill, may be obliged to refer their disputes to arbitration. Most bills of lading contain jurisdiction clauses providing that parties are to resolve any disputes arising in connection with the contract of carriage contained in the bill through litigation in the courts. It proceeds to consider recent developments and to draw conclusions therefrom. It starts by giving a brief overview of past decisions of the English Courts on this issue. INCORPORATION OF CHARTERPARTY ARBITRATION CLAUSES INTO BILLS OF LADING: RECENT DEVELOPMENTS Miriam Goldby ∗ĪBSTRACT This article looks at two recent court decisions and one recent arbitral award which help to clarify the position of English Law with regard to incorporation of charterparty arbitration clauses into bills of lading. THE DENNING LAW JOURNAL Denning Law Journal 2007 Vol 19 pp 171-180
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