Study On Many Questions About The Validity Of Arbitration Terms In Bill Of Lading

The bill of lading is a very important document in international maritime transportation of goods, and it plays an important role in international transportation of goods and international trades. The content and validity of terms in bill of lading is in direct relation with the rights and obligations of both parties. As the gray area in maritime law, the arbitration clause in bill of lading is controversial. Compared with the arbitration clause in general contracts, the one in bill of lading has specialties of validity and effects because of its complicated legal relations. These specialties are the kernel that is deeply analyzed in this text certainly, however, the content of this text is not only the narrow discussion of the specialties, but also extents to the basic theoretical issues of the general arbitration clauses even the whole arbitrate on law, Including discussion of the details of the arbitration clauses in B/L by applying the jurisprudence of the arbitration. So in this text the discussion of the general arbitration clauses or arbitration law can be found, but it doesn't mean deviating from the theme. The train of the thought along the discussion is that, from the contract point, namely the validity and effects of the arbitration clause in B/L, many focal issues of the Chinese arbitration legislation will be discussed, for example, the content of the arbitration clause, the ac hoc arbitration, the principle of self-decision on the arbitrationThe following are construction of the text and abstracts of all chapters.The introduction is relevant to research aim of this text, present situation of the research in China and other countries, frameworks of the dissertation.Chapter one is a summary of arbitration agreement,including the conception,types,contents,legal character of arbitration agreement.Chapter two is divided into four parts. In Section one conceptions and characters about the validity of arbitration clause in B/L is discussed. Section two is relevant to effective elements of arbitration clause in B/L, including formal elements and virtual elements. In section three the issue discussed is the confirmation of the validity of arbitration clause in B/L, which concerns the confirmation organizations and applicable law of the validity of arbitration clause. In section four, effects of arbitration clause in B/L is discussed. Therein effect is relevant to three concrete aspects, namely effect on parties, effect on the holder of B/L, effect on the board of arbitration (arbitration tribunal), effect on forum.Chapter three is divided into four parts, concerning the validity of the arbitration clause in charter merged into B/L. The first part mainly discusses forms of the arbitration clause in charter merged into B/L, and how the arbitration clause can be merged into B/L. Part two is mainly about the written form of the arbitration clause in charter merged into B/L. In part three it is discussed about the applicable law of the arbitration clause in charter merged into B/L. Part four explains effects on the holders of the arbitration clause in charter merged into B/L.The content of Chapter four extents from the validity and effects of the arbitration clause in B/L to improvement of relevant issues in Chinese arbitration legislation, namely defective provisions in "Arbitration Law of PRC" about content and form of arbitration agreement, and legal blind spots such as the ac hoc arbitration and principle of self-decision on jurisdiction. Finally some suggestions are made for the improvement of arbitration clauses in B/L in the Chinese practical circle of maritime.