Specific Words of Incorporation in Bills of Lading

Abstract

Caresse Navigation Ltd. v Zurich Assurances MAROC and others (M/V “Channel Ranger”) [2014] EWCA Civ 1366 has attracted wide attention by virtue of its application of common law principles of contractual interpretation. To all engaged in shipping and marine insurance, the decision is equally significant for its discussion with regard to bill of lading and charterparty contracts. Stated shortly, the English Court of Appeal had to decide whether the exclusive jurisdiction clause in the charterparty was binding on the parties of the bill of lading issued under the charterparty, even though the bill of lading itself only referred to “arbitration” without mentioning “jurisdiction” at all. In this commentary, the implications behind the reasoning of the decision are examined...