| Archives: October 2006

Award N°1132 – (Second degree) : Synacomex c/p – Arbitration clause of the c/p incorporated into the b/l – Validity of unsigned c/p. In an international arbitration under French law, it is enough that the bill of lading clearly shows that charter-party clauses «including the law and arbitration clause» are incorporated herewith, for the party to the bill of lading against which the clause is put forward to be held to have impliedly accepted it. The unsigned charter-party is valid provided it exists evidences that it has been drawn up in accordance with the «fixture recap» and that bills of lading refers to this charter-party. Arbitrators declined competence to deal with a general average claim which provides for London arbitration.