용선계약 선하증권상의 중재조항의 효력에 관한 연구

A Study on the Effect of Arbitration Glause in Charterparty B/L

  The purpose of this paper aims to study the bill of lading incorporated the terms of a charterparty which included an arbitration clause. It analyses the necessity of this incorporation practice and the problems there arising from, describes the incorporation clause and explores the effect of arbitration clause with emphasis on the judicial treatment of incorporation clause to citing the Markos N case. In this case, the plaintiff brought a court action for cargo damage and, by the time this action was stayed, the 12 months period had expired. It was held that the word suit included arbitration proceedings and consequently the arbitration avenue was now time barred. On the other hand, if suit is brought within the required 12 months, art. Ⅲ rule 6 of the Hague-Visby Rules does not prevent the amendment of such a claim outside that period, provided that the amendment does not substantially alter the nature of the original claim.