Volume 33 (2016) / Issue 2
Arbitration is consensual, and this brings with it the questions of what should be understood by ‘consent’ and how it should present itself to justify enforcement of an arbitration agreement to a third party. In the context of bills of lading, the issue of consent has various dimensions, all of which can be best understood with reference to the enforcement of arbitration clauses in bills of lading. This article discusses how effectively arbitration clauses in bills of lading can be enforced against the bill of lading holders in light of English case law, the decisions of the European Court of Justice (ECJ) and the Rotterdam Rules.
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