Study On Effect Of Jurisdiction Clause In Bill Of Lading

It is shipping practice to contain a jurisdiction clause in bills of lading. Choice of jurisdiction is one of the three major branches of conflict of laws, and is of major importance in maritime law, because of the mobility of ships and the fact that carriage by sea very often involves more than one jurisdiction. Just as it is imperative that maritime law be uniform and international, so is it essential that choice of jurisdiction rules used by various seafaring nations be the same. Unfortunately that is not the case today.Recently, such dispute becomes a main discussion in UNCITRAL from its twelfth to sixteenth conference, excluding the thirteenth. After hot debates during the conferences, considerable progress was obtained by the delegates.There is no definite regulation on the captioned matter in our country. In our judicial practice, the decision always based on "reciprocity principle", which is denied by the author. Moreover, cases with the same characteristics may result in different judgments under this criterion, simply because of the different nationalities of the parties. It is not only lack of judicial fairness to parties, but also violates the stabilities and unities of justice.The effect of jurisdiction clause in bill of lading has been a focus in maritime law. It is a question must be faced with by every country and give answers to. It not only has a great influence on the interests of parties concerned with bills of lading, but also affects the countries' status and images in international private law field. It is of great significances to both the theory and the practice. Those are reasons of the author to choose this subject to research into.There are six chapters in this dissertation:The first chapter, which introduces the basic theories of jurisdiction clause in bill of lading, includes the concept and the validity jurisdiction clause in bill of lading, and the reasons why the dispute arises thereof.The second chapter compares and searches into jurisdiction clause with the arbitration clause in bill of lading.The third chapter analyses the attitudes towards the captioned matter of some countries and main international convention. The author also summarizes and gives her comments on the principles of legislation and judicial practice in China, and provides wide materials and foundations for research of the effectiveness of jurisdiction clause in bill of lading.The forth chapter, which is the core of the whole article, analyses and compares the legislations in some typical countries and international conventions, and further shows the author's view of choosing the fair standards and principles.The fifth chapter points out that the jurisdiction of court chosen by jurisdiction clause in bill of lading could be excluded in tort suit, even if the jurisdiction clause is valid.The sixth chapter is the conclusion of the article.