항해용선계약상 중재조항의 용선계약 선하증권에의 편입 -서울고등법원 2008.12.11.선고 2007가합61217판결- = Incorporation of Arbitration Clause under Voyage Charterparty into Charter Party Bill of Lading -Focused on The Seoul High Court`s Judgment of 11 Dec. 2008-

다국어 초록 (Multilingual Abstract)

The incorporation of charterparty arbitration clause in a charter party bill of lading and the validity of an arbitration agreement against non-signatories frequently a source of international maritime dispute. In the Seoul High Court Judgement(Docket No. 2007 gahap 61217), the voyage charterparty provided that “arbitration, if any, in Hong Kong and English law to be applied”. The charter party bill of lading was in CONGENBILL(1994) form and identified the date of the incorporated charterparty on the front side. The court ruled that the English law was the governing law in determining the validity of the charterparty arbitration clause against the holder of CONGENBILL. The court then agreed with the defendant ship owners` contention that the incorporation clause of the CONGENBILL was sufficient to incorporate the Hong Kong arbitration clause of the charterparty under English law and the court did not have a jurisdiction over the merits of the disputes. This article evaluates the legitimacy of this Seoul High Court judgment through the statues and the principle derived from the various authorities in U.K.