Welex AG v Rosa Maritime Ltd (The "Epsilon Rosa") - QBD (Com Ct)(David Steel J) - 25 April 2002

Arbitration clause in charterparty - Whether incorporated into bill of lading

At the beginning of 2001 the claimants agreed to purchase a quantity of steel plates on delivery terms cfr, free out, Szczecin, INCO Terms 2000. The sale agreement incorporated the claimant's general terms, which included the provision: "Unless otherwise agreed, bills of lading tendered under CIF and CFR contracts may be issued incorporating terms of any Charter Party". Although INCO terms 1990 stipulated that the seller had to provide a copy of the charterparty, that requirement had been deleted in INCO terms 2000.