When disputes are about extending the application scope of acharterpartys arbitration clause to disputes arising from a billof lading,the consistency test is widely applied after a separatediscretion on the bills incorporation clause. ② Since inconsistenc...[继续阅读]

    It seems that with specific provisions in Chinese law and theestablishment of professional arbitration commissions,incorporating an arbitration clause from a charterparty to a bill oflading would not be an issue. However,such an incorporation remains cont...[继续阅读]

    In addition to the above-mentioned necessity to regard a specifically worded incorporation clause as an independent contract,the principles underpinning international commercial arbitration,particularly the principle of separability,may theoretically supp...[继续阅读]

    Principles of arbitration in respect to autonomy require that aholders consent to arbitrate should be contained in the clause,and yet pre-printed clauses in a standard form are less likely tocontain a holders personal intent to arbitrate.① In otherwords,i...[继续阅读]

    The decision in this case indicates that an incorporation clausethat is explicit about incorporating an arbitration clause from acharterparty to a bill of lading does not necessarily result in anincorporation of an arbitration clause. ④ Such a failure of ...[继续阅读]

    A register book was widely used in sea commerce in the 11thcentury,and it was customarily used to record the contract ofcarriage between the cargo owner and the shipowner and thequantity and quality of the loaded cargo.The popularity of register books res...[继续阅读]

    Apart from the above-mentioned challenges posed by requirements concerning an incorporation clause itself,another challenge faced by the attempted solutions is posed by a requirement to validate an arbitration clause. In order to suffice an incorporation ...[继续阅读]

    The principle of third-party beneficiary is commonly used as anexception to the principle of privity. Under a contract made fora third partys benefit,a third-party beneficiary may be entitled to claim the benefit which the promisor and the promiseeintend ...[继续阅读]

    As discussed above,it is difficult to simply apply one legalprinciple to justify the incorporation issue concerning this research,especially when considering the analysis of the legalnature of bills of lading in Chapter 2.The charterpartys arbitration cla...[继续阅读]

    In the second situation,namely when an arbitration clausecannot be found in the relevant charterparty,the incorporationshall be disregarded,as the clauses contained in the charterparty cannot pass the consistency test. The most problematicsituation is whe...[继续阅读]