Zakres i skuteczność klauzuli jurysdykcyjnej zawartej w konosamencie
Scope and Effectiveness of a Jurisdiction Clause Contained in a Bill of Lading

Summary/Abstract: The commented decision relates to the problem of potential lack of Polish jurisdiction in a caseinvolving a local Consignee’s claim against the foreign Carrier, while the claim is based on a billof lading containing a jurisdiction clause and the port of destination is located in Poland. ThePolish Court found that there was no Polish jurisdiction in the case because of the foreign courtclause included in the bill of landing which was effective, in the Court’s view, also against theConsignee. The commentary is a polemic with the Court’s standpoint. In the Author’s opinion,the Court did not examine a crucial question of material law that applied to the contract of carriage,the bill of lading itself, and obligations created by the bill of lading, including the jurisdictionclause. Also, the Court’s interpretation of a handwritten annotation made by the Consigneeon the face of the bill of lading and its legal consequences is much more controversial. Thisparticular issue is to be seen as a part of a general problem which is judges’ lack of practicalknowledge of the shipping business. An insufficient acquaintance of shipping realities significantlyimpairs an ability to properly evaluate the facts and background of the case, which in turnaffects the judgment as such.

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