용선계약상 선하증권에의 편입조항의 특정에 관한 연구

A Study on the Specification of Incorporation Clause into Bil of Lading in Charte Party

Charter party bill of lading refers to a bill of lading issued by the ship owner to the charterer after the ship owner and the charterer (shipper) conclude a voyage charter contract and the cargo is loaded. On the other hand, if an arbitration clause is not included in the main contract, but another document containing an arbitration clause is incorporated by reference in the main contract, the effect of this arbitration clause becomes a problem. This issue frequently leads to court disputes in maritime transportation cases. For example, when a seller and a buyer enter into a contract for the sale of goods under CIF terms, and the seller, as a voyage charterer, enters into a voyage charter with an arbitration clause with the ship owner. After loading the goods, the ship owner, as a carrier, prepares a charter party bill of lading that includes an incorporation clause to the effect that all contents of the voyage charter are incorporated into the bill of lading and delivers it to the seller. The question arises whether a valid arbitration agreement exists between the holders of the charter party bill of lading of the carrier. In this case, unless the charter party to be incorporated based on the incorporated clause is specified, it cannot be said that the arbitration clause of the charter party, which is a problem with the bill of lading, has been incorporated, and no demurrer(jurisdiction objection) is recognized, eventually dismissed. In this case, there is an arbitration clause in the charter party and a word incorporating the charter party in the bill of lading. It will be necessary to consider the relationship between the two.