ERDEM-NEWSLETTER-2018-metin

163 ARBITRATION LAW count in the legal relationships between the carrier and the consignee, that the bill of lading referred to the arbitration agreement in the car- riage agreement, and that the consignee was bound by the terms of the bill of lading by way of submitting the bill of lading through en- dorsement, and upon taking delivery of the load. Therefore, the GACC found that the consignee was bound by the arbitration clause, and that the arbitration clause bound the insurance company as the successor of the consignee. In another dispute of damaged goods during sea carriage, the 11th Civil Chamber of the Court of Cassation held that the arbitration clause in the bill of lading, as stipulated by the carrier, was binding upon the consignee, and that it was binding upon the insurer of the consignee due to the principle of succession 8 . In a case that was subject to a decision dated 2017 9 of the 11th Civil Chamber of the Court of Cassation, a lawsuit was filed against the insurer that had become the successor of the rights of the recipi- ent company by paying the insurance indemnity to the latter, with the general average receivable claim regarding the carriage of goods subject to the freight contract. The First Instance Court held that the provisions of the bill of lading between the carrier and the consignee shall be taken into account, and that the arbitration agreement in the bill of lading was valid for the general average, as well. The Court held that the respondent insurer replaced the insured due to succession by way of making a payment within the scope of the policy. In this regard, the Court accepted the jurisdictional objection considering arbitration, and rejected the claim based on lack of jurisdiction. The said decision was upheld by the 11th Civil Chamber of the Court of Cassation. In another lawsuit filed against the carrier by the insurer that com- pensates the loss of its insured with regard to damaged goods during carriage, an elaboration with regard to the content of the arbitration clause was made before the question of the extension of the arbitra- 8 Decisions of the 11th Civil Chamber of the Court of Cassation, 04.10.2004 - No. 2004/189 E. 2004/ 9234 K., 26.09.2016 - No. 2016/8058 E., 12.01.2017- No. 2015/12971 E. 2017/240 K. 9 Decision of the 11th Civil Chamber of the Court of Cassation, 13.12.2017, No. 2016/3454 E. 2017/7240 K.