A Comparative Study on Incorporation of Charterparty Arbitration Clauses into Bills of Lading (Selective Countries: England, China, Germany and Iran)
AbstractCharterparties are being used for years as a common practice worldwide to provide shipping services in various international routes. A bill of lading is known as one of the most important documents in maritime transportation all over the world. There might be some discrepancies between the w...
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| Format: | Article |
| Language: | English |
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University of Mazandaran
2021-05-01
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| Series: | پژوهشنامه حقوق تطبیقی |
| Subjects: | |
| Online Access: | https://lps.journals.umz.ac.ir/article_3310_7a5362a7ea33436c60014d4bdd25c1f0.pdf |
| _version_ | 1828053700209278976 |
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| author | Esmaeil Yaghoubi Masoud Dadkhah |
| author_facet | Esmaeil Yaghoubi Masoud Dadkhah |
| author_sort | Esmaeil Yaghoubi |
| collection | DOAJ |
| description | AbstractCharterparties are being used for years as a common practice worldwide to provide shipping services in various international routes. A bill of lading is known as one of the most important documents in maritime transportation all over the world. There might be some discrepancies between the written consent on a charterparty and the terms and conditions stipulated on a bill of lading. The shippers or consignees in the bill of lading, and also its forthcoming transferees may be totally unaware about exact content of the parties' agreements. To facilitate settlement of the disputes which may arise between the terms of conditions of these two documents, incorporation of an arbitration clause in the charterparty is one of the methods which may contribute to resolution of the arguments. Different countries have their own laws so each of them takes different approaches towards settlement of their disputes by either courts or arbitration. The Maritime Law of Iran ratified as early as 1964 was primarily inspired from Hague Rules 1924. It has differences as well as similarities with the laws of other countries. The current paper intends to address incorporation of the charterparty arbitration clause into bills of lading among the selective countrie including England, China, Germany and Iran. Establishment of technical maritime courts and professional arbitration committees in addition to updating the national maritime law in accordance with the latest national requirements and the most recent international conventions could be clues to improve the process of dispute settlement in this field. |
| first_indexed | 2024-04-10T20:11:47Z |
| format | Article |
| id | doaj.art-e599012e0a49482397b3fe228e4736ae |
| institution | Directory Open Access Journal |
| issn | 2423-7566 |
| language | English |
| last_indexed | 2024-04-10T20:11:47Z |
| publishDate | 2021-05-01 |
| publisher | University of Mazandaran |
| record_format | Article |
| series | پژوهشنامه حقوق تطبیقی |
| spelling | doaj.art-e599012e0a49482397b3fe228e4736ae2023-01-26T11:06:26ZengUniversity of Mazandaranپژوهشنامه حقوق تطبیقی2423-75662021-05-015122123610.22080/lps.2021.20775.12243310A Comparative Study on Incorporation of Charterparty Arbitration Clauses into Bills of Lading (Selective Countries: England, China, Germany and Iran)Esmaeil Yaghoubi0Masoud Dadkhah1Assistant Professor, Faculty of Management & Humanitarian Sciences, Chabahar Maritime University, Chabahar, iran.MSc Student in Maritime Business Management, Faculty of Management & Humanities Chabahar Maritime University, Chabahar, IranAbstractCharterparties are being used for years as a common practice worldwide to provide shipping services in various international routes. A bill of lading is known as one of the most important documents in maritime transportation all over the world. There might be some discrepancies between the written consent on a charterparty and the terms and conditions stipulated on a bill of lading. The shippers or consignees in the bill of lading, and also its forthcoming transferees may be totally unaware about exact content of the parties' agreements. To facilitate settlement of the disputes which may arise between the terms of conditions of these two documents, incorporation of an arbitration clause in the charterparty is one of the methods which may contribute to resolution of the arguments. Different countries have their own laws so each of them takes different approaches towards settlement of their disputes by either courts or arbitration. The Maritime Law of Iran ratified as early as 1964 was primarily inspired from Hague Rules 1924. It has differences as well as similarities with the laws of other countries. The current paper intends to address incorporation of the charterparty arbitration clause into bills of lading among the selective countrie including England, China, Germany and Iran. Establishment of technical maritime courts and professional arbitration committees in addition to updating the national maritime law in accordance with the latest national requirements and the most recent international conventions could be clues to improve the process of dispute settlement in this field.https://lps.journals.umz.ac.ir/article_3310_7a5362a7ea33436c60014d4bdd25c1f0.pdfbill of ladingcharterpartyarbitrationincorporation clausedispute settlement |
| spellingShingle | Esmaeil Yaghoubi Masoud Dadkhah A Comparative Study on Incorporation of Charterparty Arbitration Clauses into Bills of Lading (Selective Countries: England, China, Germany and Iran) پژوهشنامه حقوق تطبیقی bill of lading charterparty arbitration incorporation clause dispute settlement |
| title | A Comparative Study on Incorporation of Charterparty Arbitration Clauses into Bills of Lading
(Selective Countries: England, China, Germany and Iran) |
| title_full | A Comparative Study on Incorporation of Charterparty Arbitration Clauses into Bills of Lading
(Selective Countries: England, China, Germany and Iran) |
| title_fullStr | A Comparative Study on Incorporation of Charterparty Arbitration Clauses into Bills of Lading
(Selective Countries: England, China, Germany and Iran) |
| title_full_unstemmed | A Comparative Study on Incorporation of Charterparty Arbitration Clauses into Bills of Lading
(Selective Countries: England, China, Germany and Iran) |
| title_short | A Comparative Study on Incorporation of Charterparty Arbitration Clauses into Bills of Lading
(Selective Countries: England, China, Germany and Iran) |
| title_sort | comparative study on incorporation of charterparty arbitration clauses into bills of lading selective countries england china germany and iran |
| topic | bill of lading charterparty arbitration incorporation clause dispute settlement |
| url | https://lps.journals.umz.ac.ir/article_3310_7a5362a7ea33436c60014d4bdd25c1f0.pdf |
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