The Eastern Saga

Conflicting arbitration clauses in bill of lading - Peril of the sea

The claimants were the holders of bills of lading issued under a Baltimore Form C charter. They claimed against the respondent carriers for alleged damage to cargo during the course of the carriage. The bills of lading contained a printed clause providing that the Centrocon arbitration clause was to apply, but also printed in the bill of lading was a provision which read: