A bill of lading provided that goods should be delivered to the shipper or his assigns, ‘he or they paying freight for the said goods with other conditions as per charter-party with average accustomed. ‘ . . ‘Deck load at shipper’s risk, and all other terms and conditions and exceptions of charter to be as per charter-party, including negligence clause.’ The charter-party contained an arbitration clause.
Held that the terms of the bill of lading were insufficient to incorporate therewith the arbitration clause of the charter-party, which could only be done by clear and explicit language.
Judges:
Lord Chancellor (Loreburn), Lords Atkinson, Gorell, and Robson
Citations:
[1911] UKHL 628, 49 SLR 628
Links:
Jurisdiction:
England and Wales
Transport
Updated: 17 June 2022; Ref: scu.619206