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

The maritime arbitration has been greeted by the marine as one of the settlement ways in the sea carriage besides litigation, because it has not only the advantage that it is confidential, negotiatory and reaches a terminal award in one board but it satisfies the requisition of the professional and complex maritime disputes compared to the ordinary arbitration since its being. The maritime arbitration began at the beginning of 1950s and has reached a phase at a certain extent. The maritime arbitration is still childish compared to that of the oversea with a half century's development. Although it has many reasons, it doesn't deny that the disagreement has been a big obstacle to the maritime arbitration whether the arbitration clause of B/L is valid.The above shall be incentive of the reason why I write the article here. The writing outline shall be as follow: (â…°) I shall probe into the relation between the characteristics of arbitration clause of B/L and the sea carriage contract;(â…±) I shall have a conclusion on the point how the alien countries (such as U.K., America etc), and the related convent/files do;(â…²) I shall probe into whether the arbitration clause B/L is valid;(â…³) as far as the defects in the correlative laws are concerned, I shall put out suggestions to them.The frame of the article and the outline of the chapter shall state as follows:The introduction shall state the research objective, the status in quo and the outline hereof.Chapter (â… ) is to summarize the arbitration clause of B/L. The chapter shall include three sections: the section (â…°) and the section (â…±) shall introduce plainly what is the arbitration clause of the liner B/L and the B/L under charter party, and the section; the section (â…²) shall probe into the influence hereof; the section (â…³) shall set forth the relation between the arbitration clause of B/L and the sea carriage contract.Chapter (â…¡) is to set forth the legal provisions and the judicial attitude about what are the international conventions/files and the alien countries as to whether the arbitration clause is valid. The chapter shall include three sections: the section (â…°) shall be the attitude of the international conventions/files hereof; the section (â…±) shall expound the views of the alien countries as to the point.Chapter (â…¢) shall be core herewith. Penman shall mainly expatiate on the views on the point. The chapter shall include three sections: section (â…°) shall set forth the three arguments under which the negativism builds on and make certain comments on the point; section (â…±) shall set forth two arguments under which the positivism builds on and analyze & retort the unfit views hereof; in the section (â…²), penman shall reach my own conclusion on the point under the foundation of inheriting the reasonable content of the negativism and the positivism. At last, I shall have a conclusion about the above.Chapter (â…£) shall probe into the defects of the correlative provisions and how to perfect it. The chapter shall include two sections: section (â…°) shall analyze and make certain comments about the defects in the arbitration law, maritime law section and the corresponding parts of the questionnaire made by the supreme people's court(â…±); the section (â…±) shall set forth the revised or perfected suggestions as to the questions above.The part shall be the tag.