Should third parties be bound by arbitration clauses in bills of lading?

Abstract

This article considers English law on the incorporation of an arbitration clause from a charterparty into a bill of lading and whether it binds a third party to the bill of lading. The varying approaches of the EU Member States to arbitration clauses in bills of lading mean that parallel proceedings in arbitration and court may carry the risk that conflicting awards or judgments may be made. Recent European attempts to address these issues have not eliminated uncertainty as to the position on recognition and enforcement of arbitration awards. The global position is even more diverse and the latest attempts to address arbitration clauses in bills of lading in the Rotterdam Rules fails to tackle the problems.

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