and companies in the container shipping business, declare the carriage conditions
written on the reverse side of the bill of lading in their websites regularly, and in that
manner, the content remains unchanged.
Briefly, as there is no customary usage regarding issuing contracts of
affreightment in written form, the terms of the contract of carriage of goods by
sea, are those contained in the bill of lading which becomes evidence of the contract
of carriage of goods settled between the carrier and the charterer.
9 On the other hand,
where the contract of carriage of goods pertains to carriage of particular cargo such
as piece goods, the particular distance and the carriage conditions between ports is
known in advance. Essentially, printed bill of lading formulations and general tariff
specifications also include general provisions regarding carriage conditions. Where
there is notification of goods being forwarded to the carrier in advance and acceptance of it by the carrier, the contract is deemed to be concluded. In such a case, the
issue of a charterparty contract is of no concern. Upon the dispatching of goods to the
vessel, the dispatch or delivery of the bill of lading as a written document, constitutes
evidence of the conclusion of the contract.
10
3.2 Bill of Lading Issued as a Reference to a Charterparty
in Which Charterparty Provisions Are Referred in
General or Explicit
In the carriage of bulk cargo, the parties determine the outline of the conditions of
carriage before the actual carriage by an initial text known as recap/fixture/stem. The
conditions of this initial settlement text are attached to the charterparty by mutual
covenant. In carriage by sea, across the world, the bills of lading, both issued through
liner and charterparty contracts, contain arbitration clauses and international agreement of jurisdiction authorizing the courts of different countries to exercise jurisdiction in the event of a dispute.
In order to make mention of a valid arbitration clause or agreement, it is not
compulsory for the agreement to be directly drafted or cited by the parties. Parties
may issue an arbitration agreement by reference to generalized transaction
terms involving an arbitration clause. It is important to know whether the parties
have chosen the generalized transaction terms involving an arbitration clause of their
own free will. In this respect, in order for an arbitration clause involving such kinds
of general conditions to be valid, a reference must be made to the general conditions
9 Sözer, Deniz Ticareti Hukuku, Third Edition, 2014, p. 397.
10 İzveren, Deniz Ticareti Hukuku, Ankara 1960, p. 118; Tekil, Deniz Hukuku, Sixth Edition, 2001,
p.258.
In the contracts of carriage of goods, for the reason that a contract of carriage of goods is not also
drawn up and the bill of lading constitutes a part of the contract of carriage of goods, bill of lading,
also consist many printed terms (Çağa, Deniz Ticareti Hukuku II, 1995, pp. 12–13).
8
P. Akan
written on the reverse side of the bill of lading in their websites regularly, and in that
manner, the content remains unchanged.
Briefly, as there is no customary usage regarding issuing contracts of
affreightment in written form, the terms of the contract of carriage of goods by
sea, are those contained in the bill of lading which becomes evidence of the contract
of carriage of goods settled between the carrier and the charterer.
9 On the other hand,
where the contract of carriage of goods pertains to carriage of particular cargo such
as piece goods, the particular distance and the carriage conditions between ports is
known in advance. Essentially, printed bill of lading formulations and general tariff
specifications also include general provisions regarding carriage conditions. Where
there is notification of goods being forwarded to the carrier in advance and acceptance of it by the carrier, the contract is deemed to be concluded. In such a case, the
issue of a charterparty contract is of no concern. Upon the dispatching of goods to the
vessel, the dispatch or delivery of the bill of lading as a written document, constitutes
evidence of the conclusion of the contract.
10
3.2 Bill of Lading Issued as a Reference to a Charterparty
in Which Charterparty Provisions Are Referred in
General or Explicit
In the carriage of bulk cargo, the parties determine the outline of the conditions of
carriage before the actual carriage by an initial text known as recap/fixture/stem. The
conditions of this initial settlement text are attached to the charterparty by mutual
covenant. In carriage by sea, across the world, the bills of lading, both issued through
liner and charterparty contracts, contain arbitration clauses and international agreement of jurisdiction authorizing the courts of different countries to exercise jurisdiction in the event of a dispute.
In order to make mention of a valid arbitration clause or agreement, it is not
compulsory for the agreement to be directly drafted or cited by the parties. Parties
may issue an arbitration agreement by reference to generalized transaction
terms involving an arbitration clause. It is important to know whether the parties
have chosen the generalized transaction terms involving an arbitration clause of their
own free will. In this respect, in order for an arbitration clause involving such kinds
of general conditions to be valid, a reference must be made to the general conditions
9 Sözer, Deniz Ticareti Hukuku, Third Edition, 2014, p. 397.
10 İzveren, Deniz Ticareti Hukuku, Ankara 1960, p. 118; Tekil, Deniz Hukuku, Sixth Edition, 2001,
p.258.
In the contracts of carriage of goods, for the reason that a contract of carriage of goods is not also
drawn up and the bill of lading constitutes a part of the contract of carriage of goods, bill of lading,
also consist many printed terms (Çağa, Deniz Ticareti Hukuku II, 1995, pp. 12–13).
8
P. Akan