University of Cape Town

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Anastasia Ross
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1 The copyright of this thesis vests in the author. No quotation from it or information derived from it is to be published without full acknowledgement of the source. The thesis is to be used for private study or noncommercial research purposes only. Published by the University of Cape Town (UCT) in terms of the non-exclusive license granted to UCT by the author. University of Cape Town

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116 [Accessed on 1 February 2011]. See also Green Paper accompanying Commission s Report. Available at

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120 In France, for example, where the succession of rights and obligations does not occur merely upon the delivery of goods and the bill of lading, it used to be that the consent of third party bill of lading holders subject to the EC Jurisdiction Regulation was not presumed. Rather, consent to a jurisdiction clause needed to be explicit; some form of special acceptance was required (as per procedural rules under internal French law see Chapter 3, Section 3.5.) But in light of recent decisions rendered by the Cour de Cassation, the succession of rights and obligations is now to be determined in accordance with the law applicable to the contract of carriage, the determination of which can be difficult to make even at the best of times according to Bonassies and Scapel supra note 99 at , who clearly regret these latest confusing decisions. See generally Baatz The conflict of laws supra note 56 at Whereas it is not open to the court of a Member State to exercise discretion and stay proceedings notwithstanding the jurisdiction clause once it finds the agreement to be valid and effective under 23(1) of the Regulation, that is not necessarily true under 23(3), in cases where neither party to the dispute is domiciled in a Member State, and the validity and enforcement of jurisdiction clauses depends entirely on the chosen State s procedural laws and policies.

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152 I. Bill of Lading Mediterranean Shipping Company Bill of Lading. Accessed at Jurisdiction - It is hereby specifically agreed that any suit by the Merchant, and save as additionally provided below any suit by the Carrier, shall be filed exclusively in the High Court of London and English Law shall exclusively apply, unless the carriage contracted for hereunder was to or from the United States of America, in which case suit shall be filed exclusively in the United States District Court, for the Southern District of New York and U.S. law shall exclusively apply. The Merchant agrees that it shall not institute suit in any other court and agrees to be responsible for the reasonable legal expenses and costs of the Carrier in removing a suit filed in another forum. The Merchant waives any objection to the personal jurisdiction over the Merchant of the above agreed fora. In the case of any dispute relating to Freight or other sums due from the Merchant to the Carrier, the Carrier may, at its sole option, bring suit against the Merchant in the fora agreed above, or in the countries of the Port of Loading, Port of Discharge, Place of Delivery or in any jurisdiction where the Merchant has a place of business [emphasis added]. APL Standard Bill of Lading. Accessed at Law and Jurisdiction i. Governing Law Insofar as anything has not been dealt with by the terms and conditions of this Bill of Lading, Singapore law shall apply. Singapore law shall in any event apply in interpreting the terms and conditions hereof. ii. Jurisdiction All disputes relating to this Bill of Lading shall be determined by the Courts of Singapore to the exclusion of the jurisdiction of the courts of any other country provided always that the Carrier may in its absolute and sole discretion invoke or voluntarily submit to the jurisdiction of the Courts of any other country which, but for the terms of this Bill of Lading, could properly assume jurisdiction to hear and determine such disputes, but shall not constitute a waiver of the terms of this provision in any other instance. iii. Notwithstanding Clause 28 i) and ii), if Carriage includes Carriage to, from or through a port in the United States of America, the Merchant may refer any claim or dispute to the United States District Court for the Southern District of New York in accordance with the laws of the United States of America.

153 COGENBILL 2007 (Bill of Lading issued by BIMCO to be used by Charterparties). Accessed at (1) All terms and conditions, liberties and exceptions of the Charter Party, dated as overleaf, including the Law and Arbitration Clause/Dispute Resolution Clause, are herewith incorporated. CONLINEBILL 2000 (Bill of Lading issued by BIMCO). Accessed at 4. Law and Jurisdiction. Disputes arising out of or in connection with this Bill of Lading shall be exclusively determined by the courts and in accordance with the law of the place where the Carrier has his principal place of business, as stated on Page 1, except as provided elsewhere herein. II. Sea Waybill LINEWAYBILL (Issued by BIMCO non-negotiable sea waybill). Accessed at 3. Law and Jurisdiction Disputes arising under this Sea Waybill shall be determined by the courts and in accordance with the law at the place where the Carrier has his principal place of business. III. Charterparty Agreement Shelltime 4 Charterparty (Time Charter Party) Law and Litigation 41(a) This charter shall be construed and the relations between he parties determined in accordance with the laws of England. (b) Any dispute arising under this charter shall be decided by the English Courts to whose jurisdiction the parties hereby agree. (c) Notwithstanding the foregoing, but without prejudice to any party s right to arrest or maintain the arrest of any maritime property, either party may, by giving written notice of election to the other party, elect to have any such dispute referred to the arbitration of a single arbitrator in London in accordance with the provisions of the Arbitration Act 1950, or any statutory modification or re-enactment thereof for the time being in force.

SARJAK CONTAINER LINES PVT. LTD.

SARJAK CONTAINER LINES PVT. LTD. CARRIER S STANDARD CREDIT TERMS Credit on any owed sums may be granted by Sarjak Container Lines Pvt. Ltd. to the Client, hereinafter referred as the «Client» or «Sarjak»,