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

Should third parties be bound by arbitration clauses in bills of lading?
Should third parties be bound by arbitration clauses in bills of lading?
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.
Arbitration Bills of lading Third parties
85-123
Baatz, Yvonne
31b18d44-bd29-4014-ad3b-551b50f9bbd6
Baatz, Yvonne
31b18d44-bd29-4014-ad3b-551b50f9bbd6

Baatz, Yvonne (2015) Should third parties be bound by arbitration clauses in bills of lading? Chinese and English Maritime Law Conference, United Kingdom. 28 - 30 Apr 2014. pp. 85-123 .

Record type: Conference or Workshop Item (Paper)

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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More information

e-pub ahead of print date: 28 April 2014
Published date: 2015
Venue - Dates: Chinese and English Maritime Law Conference, United Kingdom, 2014-04-28 - 2014-04-30
Keywords: Arbitration Bills of lading Third parties
Organisations: Southampton Law School

Identifiers

Local EPrints ID: 364503
URI: https://eprints.soton.ac.uk/id/eprint/364503
PURE UUID: 7a1ae21e-ff7a-45fd-a543-aa2b8ac7447a

Catalogue record

Date deposited: 02 May 2014 10:50
Last modified: 18 Jul 2017 02:31

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Contributors

Author: Yvonne Baatz

University divisions

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