Existence of arbitration agreement: incorporation of arbitration clause

In Ulusoy Denizilik AS v COFCO Global Harvest (Zhangjiagang) Trading Co Ltd (The Ulusoy-11) [2020] EWHC 3645 (Comm); [2021] 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.

Ulusoy : the facts