Arbitration Law Monthly
Existence of arbitration agreement: incorporation of arbitration clause
In Ulusoy Denizilik AS v COFCO Global Harvest (Zhangjiagang) Trading Co Ltd (The Ulusoy-11)  EWHC 3645 (Comm);  1 Lloyd’s Rep 177 Bryan J discussed the question whether an arbitration clause in a charterparty had been incorporated into bills of lading issued by the owner. The case raised a series of familiar issues, namely: which law determined the incorporation issue; did the incorporation apply to the head charter or sub-charter; and were there any reasons to refuse the grant of an anti-suit injunction to prevent proceedings in China in breach of the clause.
: the facts