484. Tests for the incorporation of charterparty terms into bills of lading.

Where a bill of lading contains a term incorporating a clause or clauses from a charterparty1, and the bill of lading constitutes the contract of carriage between the carrier and a cargo-interest who is not a party to the charterparty2, the charterparty clause is incorporated into the bill of lading if three conditions are satisfied3:

  1.  

    (1)     the incorporation clause in the bill of lading4 must aptly describe the charterparty clause sought to be incorporated; the incorporation clause may specifically identify the charterparty term sought to be incorporated, such an incorporation clause being strictly construed5 and incorporation being limited to