Law and Jurisdiction Clause

In The Ines (1995) Mr. Justice Clarke took into account a demise clause in circumstances where he considered that other clauses and the documents as a whole led to the conclusion that the parties intended there to be a contract between the cargo-owner and shipowner. In The Alarsin (2000) there was a definition of carrier clause stating that the carrier was the party on whose behalf the bills of lading had been signed. On the face of the bill was a signature box with the words signed “as agent” for the carrier. On the back of the bill was an identity of carrier clause and a demise clause. The Court held that the precedence of the demise clause will not normally be displaced unless the words in the signature box were clearly intended to have that effect. The effect of the easier definition was to paint inexorably to the person on whose behalf the bill of lading was signed. Law and Jurisdiction Clause. In order to establish the parties’ rights and liabilities under the bill of lading it is necessary to ascertain by which law the bill of lading is governed and which tribunal will have jurisdiction to determine any dispute arising under the bill of lading. It is therefore usual for the bill of lading to contain an express jurisdiction and governing law clause. The governing law is almost invariably the law of the place which the parties have chosen to apply. If the bill of lading provides for jurisdiction in the country of the carriers’ principal place of business, it will also provide for the law of such country to apply.