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'''BILL OF LADING: WHETHER WORDS OF INCORPORATION REFERRING TO ARBITRATION ARE SUFFICIENT TO INCORPORATE CHARTERPARTY JURISDICTION PROVISIONS'''
'''Note: this judgment has now been affirmed on appeal - see Caresse Navigation Ltd v Zurich Assurances Maroc and others - the Channel Ranger [2014] EWCA Civ 1366, on grounds substantially similar to those in the judgment at first instance. Furthermore, the Court of Appeal doubted whether the decision in The Merak [1965] P.223 would be followed today''' '''Summary'''
In this case, the Court determined that a clause in a bill of lading incorporating the “Law and Arbitration Clause” of the governing charterparty was sufficient to incorporate into the bill of lading the English exclusive jurisdiction clause contained in the charterparty
This judicial recommendation has been adopted by the draftsmen of the CONGENBILL 2007, clause 1 of which provides:
“[A]ll terms and conditions, liberties and exceptions of the Charter Party, dated as overleaf, including the Law and Arbitration Clause/Dispute Resolution Clause, are herewith incorporated.” [emphasis supplied]
If the decision of the Judge in The Channel Ranger is indeed correct, then this catch-all amendment to the 1994 Congenbill form appears to have been superfluous.
