Comparative Research On The Jurisdiction Clause And Arbitration Clause In B/L

A B/L is a document which serves as an evidence of the contract of the carriage of goods by sea and the taking over or loading of the goods by the carrier, and based on which the carrier undertakes to deliver the goods against surrendering the same. The Dispute Settlement Clauses of the B/L, which consist of Jurisdiction Clause and Arbitration Clause, are clauses which are used to solve the jurisdiction of the problems arising under the B/L They are not only fundamental in the theory of Private International Law, but also essential in the practice. They are the problems that must firstly be solved in the suits of carriage of goods by sea.The Dispute Settlement Clauses are ancillary and independent; they are negotiable and uncertain. These characteristics contribute to the different judgments presented by the court. Although they are often connected with the Choice of Law Clause in B/L, they are different and the Dispute Settlement Clauses have nothing to do with the Paramount Clause, which is usually confused with the Choice of Law Clause.The Jurisdiction Clause in B/L is not only essential to the choice of law which applies to the whole contract of carriage of goods by sea, but also decisive to the procedure problems of the dispute. The principle of Party Autonomy is the basis of the Jurisdiction Clause, but there are still opposite opinions in theory According to the corresponding regulations in our country, parties of the B/L are allowed to have the Jurisdiction Clause, but there are some restrictions. There's no concerning explicit regulation in other countries, and courts tend to deny its effect, mainly because it is a clause of form, it mayreduce the liability of the carrier, it may make action inconvenient, reciprocity principle, and so on.An effective Arbitration Clause must be in writing and have signatures of both parties. There are many problems when Arbitration Clause in C/P is incorporated into B/L, such as whether it can be effectively incorporated, whether the holder of B/L can be the party of it, and so on.Since the arbitration system is highly unitized throughout the world and it has many advantages over litigation, many scholars suggest Shipping Companies printing Arbitration Clause in their B/Ls. In author's opinion, arbitration also has some disadvantages. For example, when there are more than two parties under the B/L, arbitration cannot solve the disputes arising from the B/L among them. Litigation also has some advantages over arbitration. Shipping Companies should choose different Dispute Settlement Clause according to the different business and different counter-parties.Zhang Xue Qin (International law) Directed by Prof. Hou Jun...