Source:	All England Reporter
Publisher Citation:	[2001] All ER (D) 325 (Dec)
Court:	Queen's Bench Division, Commercial Court
Judge:	Colman J
Representation	Gavin Geary (instructed by Jackson Parton) for the applicants.
	Neville Phillips (instructed by Shaw & Croft) for the respondents.
Judgment Dates:	20 December 2001

Catchwords

Shipping - Bill of Lading - Incorporation of terms of charterparty - Arbitration clause - General words of incorporation - Shipowner arguing agreement with shippers to incorporate arbitration clause applicable to indorsee of bill of lading - Whether on facts bills of lading expressly incorporating arbitration clause in charterparty - Whether agreement between shipowner and shipper to incorporate London arbitration clause - Whether shipowner able to rely against indorsee on terms outside bill of lading agreed with shipper - s 5(1)(a).

The Case

Parliament could not have intended by s5(1)(a) of the to change the law so as to allow the carrier to rely as against the indorsee on agreements or understandings with the shippers outside the words of the bills.

Practice Areas

• Company Commercial
• Dispute Resolution

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis^®Library

• The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
• Cases related to this particular case that are related to, or discuss this caseView related cases
• Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary