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Lloyd's Maritime Law Newsletter

London Arbitration 13/24

Bills of lading - Claims by consignee - Jurisdiction - Whether sole arbitrator properly appointed under arbitration clause incorporated from charterparty - Arbitration in Hong Kong SAR under LMAA Terms - Whether Hong Kong law precluded appointment of arbitrator first appointed when the respondent failed to make second appointment - Construction of arbitration clause comprising wording in standard form, rider, and recap - Costs

The arbitration arose under two bills of lading for consignments of steel beams to be carried on the subject vessel from China to Guatemala. The consignees brought claims against the owners of the vessel. The bills, which evidenced the contract of carriage and incorporated the Hague/Hague-Visby Rules, did not refer to a specific charterparty by date. The owners confirmed that it was the head charterparty but they delayed in providing a copy to the claimants.

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