용선계약상 선하증권에의 편입조항의 특정에 관한 연구

• 영문명: A Study on the Specification of Incorporation Clause into Bil of Lading in Charte Party
• 발행기관: 한국해양비즈니스학회
• 저자명: 김서림
• 간행물 정보: 『해양비즈니스』제55호, 31~57쪽, 전체 27쪽
• 주제분류: 경제경영 > 경영학
• 파일형태: PDF
• 발행일자: 2023.04.30

영문 초록

Charter party bill of lading refers to a bill of lading issued by the ship owner to the charterer after the ship owner and the charterer (shipper) conclude a voyage charter contract and the cargo is loaded. On the other hand, if an arbitration clause is not included in the main contract, but another document containing an arbitration clause is incorporated by reference in the main contract, the effect of this arbitration clause becomes a problem. This issue frequently leads to court disputes in maritime transportation cases. For example, when a seller and a buyer enter into a contract for the sale of goods under CIF terms, and the seller, as a voyage charterer, enters into a voyage charter with an arbitration clause with the ship owner. After loading the goods, the ship owner, as a carrier, prepares a charter party bill of lading that includes an incorporation clause to the effect that all contents of the voyage charter are incorporated into the bill of lading and delivers it to the seller. The question arises whether a valid arbitration agreement exists between the holders of the charter party bill of lading of the carrier. In this case, unless the charter party to be incorporated based on the incorporated clause is specified, it cannot be said that the arbitration clause of the charter party, which is a problem with the bill of lading, has been incorporated, and no demurrer(jurisdiction objection) is recognized, eventually dismissed. In this case, there is an arbitration clause in the charter party and a word incorporating the charter party in the bill of lading. It will be necessary to consider the relationship between the two.

목차

Ⅰ. 서론

Ⅱ. 용선계약 선하증권의 문제점

Ⅲ. 운송계약조건의 특정 사항

Ⅳ. 사례분석

Ⅴ. 결론

참고문헌

키워드

용선계약 편입조항 중재조항 용선계약 선하증권 Charterparty Incorporation Clause Arbitration Clause Charter Party Bill of Lading