Enforceability of Arbitration Clauses against Third-Party Holders of Bills of Lading - A Comparative Perspective
Article from: TDM 1 (2021), in Maritime Law
Executive Summary
This paper analyses the requirements to enforce arbitration clauses incorporated by reference into bills of lading. The paper discusses the practical implications of arbitration agreements in contracts for the carriage of goods by the sea, providing a comparative perspective in light of English, American, European and Asian case law. Furthermore, the paper will study the solutions adopted by the main international conventions regulating the use of bills of lading, including the 'Hague-Visby Rules', the 'Hamburg Rules' and the 'Rotterdam Rules'. The purpose of this paper is to ...