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TITLE | [Reimbursement]Supreme Court Decision 2000Da70064 Delivered on January 10, 2003 [full Text] |
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Summary | |
[1] Which law shall apply in deciding whether an arbitration clause in the charter party has legal effect as incorporated into a bill of lading between a holder of bill of lading and a carrier [2] Supplementary sources of law to be considered where foreign laws do not exist or their content are not available because they are not submitted to the court [3] Elements that must be satisfied for an arbitration clause to be incorporated into a bill of lading [4] Legal effect of a bill of lading [5] How rights associated with a straight bill of lading are assigned, and whether a right to claim damages for losses arising from default on obligation or torts is transferred to a holder of bill of lading through a bill of lading along the process of its assignment (affirmative) [6] Carriers' duty to exercise reasonable care in placing the freight on the vessel under ocean shipping contracts |