On The Research Into The Validity Of Arbitration Clause In The B/L

Bill of lading, as one of important documents for international shipping carriage, is playing core role in the contract of international trade. Arbitration clause takes up significant place in Maritime Law, which becomes a necessary method to provide protection for parties to contract. This clause is usually printed on the back of bill of lading, which is as the verification that the parties involving in disputes have agreed to deal with their controversy by arbitration. In fact, this kind of arbitration is a "grey area" in Maritime Law, which leads to disputes and arguments in common in these years.The basic construct and content of this paper are listed as following:The first chapter is the introduction of the paper, which contains the purpose of the thesis, the factual meaning of this paper,the situation of legal disigning around world and different viewpoints in China.In chapter 2, this paper focuses on the concepts, properties, classifications and forming background of the bill of lading, which will become effective preparations for the further introducing. At the same time, it also states the practical needs for the arbitration clauses, theoretical significance and advantages.In chapter 3, it emphasizes on how to verify the effectiveness of the bill of lading. This analysis will develop from formal and substantial elements to make four essential requirements clearly——that is, writing form, full capacity for civil conduct, agreement and legitimate, respectively.Chapter 4 is the advanced part of this paper. The combined arbitration clause is one of complicated form in arbitration clause, which is referring to how to combine and how to make a positive effect after combining. Although the disputes on this complex clause are usually companied by foreign factors, because the complicated legal force, the lack of specific rules in Maritime Law and different practical cases, it is often very hard to provide the right protection for the party's benefits. Given that, this paper will concentrate on analyzing foreign laws and relevant mechanisms in international rules. Considering about the actual situations of China, the author will present her own viewpoints. As for chapter 5, several special situations will be described in details, containing counterfeit bill of lading, Dated B/L and so on.In chapter 6, the discussion on the effectiveness of arbitration clause is applied into Arbitration Law of China, Maritime Law and legal application. The author tries to reveal the disadvantages of the content and form of arbitration clauses in Arbitration Law and to emphasize that it is necessary for the Maritime Law to absorb the rules on the combined arbitration clause.