Incorporation of dispute resolution clauses contained in the charterparty into the bill of lading

This chapter sheds light on the incorporation of jurisdiction and arbitration clauses from the charterparty into the B/L in the EU, England and Spain, considering issues that arise when incorporating terms from a charterparty into a B/L. A B/L potentially contains rights and obligations that benefit or restrict parties who have no evidence of terms contained within the relevant charterparty. This analysis, from a comparative law perspective, of the submission to intra- and extra-EU forums and arbitral seats shows the limitations on party autonomy stemming from the legal frameworks and case law.