Keywords
Summary

Keywords

CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - JURISDICTION AGREEMENT - JURISDICTION CLAUSE IN A BILL OF LADING - VALIDITY - CONDITIONS

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 17 )

Summary

A JURISDICTION CLAUSE CONTAINED IN THE PRINTED CONDITIONS ON A BILL OF LADING SATISFIES THE CONDITIONS LAID DOWN BY ARTICLE 17 OF THE CONVENTION :

IF THE AGREEMENT OF BOTH PARTIES TO THE CONDITIONS CONTAINING THAT CLAUSE HAS BEEN EXPRESSED IN WRITING ; OR

IF THE JURISDICTION CLAUSE HAS BEEN THE SUBJECT-MATTER OF A PRIOR ORAL AGREEMENT BETWEEN THE PARTIES EXPRESSLY RELATING TO THAT CLAUSE , IN WHICH CASE THE BILL OF LADING , SIGNED BY THE CARRIER , MUST BE REGARDED AS CONFIRMATION IN WRITING OF THE ORAL AGREEMENT ; OR

IF THE BILL OF LADING COMES WITHIN THE FRAMEWORK OF A CONTINUING BUSINESS RELATIONSHIP BETWEEN THE PARTIES , IN SO FAR AS IT IS THEREBY ESTABLISHED THAT THE RELATIONSHIP IS GOVERNED BY GENERAL CONDITIONS CONTAINING THE JURISDICTION CLAUSE .

AS REGARDS THE RELATIONSHIP BETWEEN THE CARRIER AND A THIRD PARTY HOLDING THE BILL OF LADING , THE CONDITIONS LAID DOWN BY ARTICLE 17 OF THE CONVENTION ARE SATISFIED IF THE JURISDICTION CLAUSE HAS BEEN ADJUDGED VALID AS BETWEEN THE CARRIER AND THE SHIPPER AND IF , BY VIRTUE OF THE RELEVANT NATIONAL LAW , THE THIRD PARTY , UPON ACQUIRING THE BILL OF LADING , SUCCEEDED TO THE SHIPPER ' S RIGHTS AND OBLIGATIONS .