An Analysis On The Validity Of Bills Of Lading Arbitration Clause

A Bill of Lading is (hereinafter referred to as B/L) one of the most important documents in maritime transportation, therefore, the theoretical study of B/L plays an instructive role in the practice of B/L. As an independent means of resolution for practice for disputes arising out of carriage of goods by sea, arbitration has a long history in the world, and becomes more and more popular recently. However, the validity of the arbitration clause in the B/L is widely debated, thus needed to be studied more deeply.This dissertation comprises five chapters, totaling 30,000 words. It consists of three parts: the introducing part, the principal part, and the concluding part.The introducing part is the introductory remarks of the dissertation. It expounds the intention of the dissertation.The principal part is the leading part. Chapter One is macroscopic, which introduces the concepts of Charter party Bills of Lading and Liner Bills of Lading and the background of Charter party Bills of Lading and Liner Bills of Lading. Then the significance of the B/L arbitration clause is dissertated. Finally, the legislation of the validity of B/L arbitration clause of some foreign countries is recommended. In Chapter Two, the validity of the B/L arbitration clause is discussed, which refers to whether meets the requirement of the written form of the arbitration clause in B/L and whether the B/L arbitration clause meets the minds meeting.Chapter Three is relevant to the special form of the arbitration clause in B/L, namely the arbitration clause in charter incorporated into B/L. It refers to whether it can be incorporated and how to incorporate it. Firstly, some basic knowledge of incorporated clauses is introduced. Secondly, the concept is clarified, that is only the clauses of voyage charter party can be incorporated. Thirdly, the criteria of incorporation is discussed. Fourthly, the dissertation focuses on how to deal with the differences between the B/L arbitration clause and the arbitration clause of charter party. Finally, some cases of our country are discussed.In Chapter Four the validity of B/L arbitration clause is discussed when the B/L is assigned.Chapter Five points out the validity of B/L arbitration clause in the fraud B/L. Fraud B/L includes Anti-dated B/L, Advanced B/L and so on. Under these circumstances whether the B/L arbitration clause is effective is still controversial issue.In the Concluding part, the viewpoint is presented that we needn't worry about that we may lose many lawsuits of B/L, if we accept the B/L arbitration clause. As long as the complete and prescriptive legislation, the B/L arbitration clause will impel the development of maritime cause.