Incorporation of An Arbitration Clause in A Charter Party into A Bill of Lading: Familiar Complex Problems with No New Solution?
Article from: TDM 1 (2021), in Maritime Law
Abstract
Maritime commerce operates within a maze of complex legal systems requiring documentation that is sourced to the specifications of international and domestic law regimes as well. While the stated purposes of the bills of lading and the charterparty agreements have been delineated within the international law and the domestic law respectively, with a significant measure of exclusivity, the practice of such laws revealed the inter-relationship between the two documents. Incorporation has been a common methodology for the occurrence of such interrelationship and this is evident in the case ...