As evidence of the contract of goods by sea,the bill of lading (B/L) proves that there is a contract of goods by sea between the carrier and the shipper. The arbitration clause in bills of lading is part of the contract. However,there have always been arguments on the validity of the arbitration clause in B/L,especially on the validity of the charter party arbitration clause incorporated into the B/L under charter party both in theory and in practice. Therefore,questions such as whether the arbitration clause in B/L is an arbitration agreement in writing,on what conditions can charter party arbitration clause be incorporated into B/L under charter party,whether this incorporated arbitration clause has binding force for the third party B/L holders are all worth following up.This paper expounds the written form of B/L,the conditions for the arbitration clause of the charter party to be incorporated into the bills of lading under charter party,the binding force of the B/L arbitration clause thus incorporated for the third party B/L holders. It also probes into ways to determine the legal effects of the B/L arbitration clauses under certain special circumstances. Based on the discussions,some legislative suggestions are put forward in the hope that they will be of some help for the maritime judicature and arbitral practice in China.
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