Bill of Lading Contracts Under European National Laws

This contribution explores the legal position of the consignee under a contract of carriage and under the bill of lading contract. As this matter has not been dealt with conclusively in any of the transport law conventions, these questions will be examined from the perspective of three European civil law jurisdictions, i.e. German, French and Dutch law.

In view of the case law of the European Court of Justice (ECJ) about opposability of jurisdiction clauses in bills of lading against third-parties, also the question will be addressed whether under these national laws the third-party consignee succeeds in the rights and obligations of the shipper under the contract of carriage.

Other issues raised include whether and when the consignee is liable for freight, charges and demurrage, whether he is bound to choice of law, jurisdiction or arbitration clauses and the effectiveness of incorporation clauses and ‘‘merchant responsibility’’ - clauses and the like.