Creative Commons

This dissertation was written as part of the LLM in Transnational and European Commercial Law, Banking Law, Arbitration/Mediation at the International Hellenic University. The bill of lading is a very significant instrument for the carriage of goods by sea. The bill of lading contract can become the source of many disputes due to its nature, according to which it be transferred to third parties after its issuance. It is common practice to include an arbitration clause in the terms and conditions of the contract. The main dispute relating to the existence of the arbitration clause in the bill of lading is whether or not the new holder of the bill of lading is obliged to enforce the arbitration clause, especially when a charter-party arbitration clause has been incorporated into the bill of lading. This dissertation, discusses certain elements of the bill of lading history, the general categorization, as well as an extensive analysis of its functions. There is, also, a brief reference to the history of arbitration, followed by an analysis about the validity of the arbitration clause, the doctrine of separability principle and the authority that has the judicial power to decide over the validity of the clause. In the subsequent chapter, the matter of the transfer of the contractual rights of the bill of lading is developed. Emphasis is given to the English Law perspective with reference to cases that applied the COGSA 1992. The fourth chapter is dedicated to the incorporation of a charter-party arbitration clause into the bill of lading under different legislative tools. In the end, the CONGENBILL standard form of bill of lading is addressed thoroughly. I would like to express my sincere gratitude and appreciation to my supervisor professor, Dr. Friedrich Rosenfeld for his assistance, support and advice during the writing of my dissertation. Lastly, I would like to thank the staff of the library of the International Hellenic University for their help through my research.