On Issues Of The Incorporation Clause In Bill Of Lading

The content and effect of a bill of lading(B/L) clause exerts a great influence on the right and obligation of the contracting parties of a B/L. In the practice of international goods transportation by sea, a B/L signed according to a voyage charter party usually contains a simply phrased clause from the voyage charter party, which is called the incorporation clause of the B/L. Disputes arises easily from the incorporation clause in that it is a "grey area" in maritime law. In this thesis, the author tries to make an initial research into the issue of incorporation clause through the use of the successful experience from Common Law in combination with the legislations and judicial practices in China. The thesis consists of four chapters.Chapter one gives a general description of the concept, the history and the meaning of incorporation clause of a B/L, and it expounds on the relationship between a bill of lading and a goods transportation contract by sea . At the same time it makes an analysis of the relevant parties of an incorporation clause of a B/L.In chapter two, the author researches into the main content of an incorporation clause. First, the author analyzes the proper form that an incorporation clause can take due to the fact that the content of a charter party contained in an incorporation clause of a B/L varies from one form to another. Then the author analyzes the principle used to explain an incorporation clause because the explanation is closely connected with whether or not the content of a charter party can be effectively incorporated into a B/L. Thirdly the author expounds on the concrete content of a charter party to be incorporated into a B/L. At the same time, the author explores into the effect of an arbitration clause of a charter party to be incorporated into a B/L.Chapter three gives an analysis of the judicial effect of an incorporation clause. In this chapter the author firstly expounds on the necessary conditions of the effect of an incorporation clause by drawing lessons from the experience of Common Law. Then the author analyzes the effect of an incorporation clause and clause 95 of the Maritime Code of P.R.C. In the last part of this chapter, the author makes a simple analysis of law application and time limitation of an incorporation clause of a B/L.Chapter four is about the perfection of the incorporation clause of a B/L in China. The author firstly points out the places to be perfected in the Maritime Code of P.R.C and the contradiction of their being applied in practice. Then the author explores into the places where the relevant rules of the Arbitration Law of P.R.C is not in coordination with the international maritime arbitration practice. At last the author puts forward some proposals regarding the perfection of relevant laws on the incorporation clause into a B/L in China.