A Study On The Effect Of Jurisdiction Clause Of Bill Of Lading

Bill of lading (B/L) is one of the most widely used documents in the international carriage of goods by sea. The dissentions arising from the B/L are quite ordinary, and among all the dissensions, the dispute of jurisdiction caused by jurisdiction clause in the B/L is the most typical one. In recent years, the effect of the jurisdiction clause has become the focus of attention in both theoretical and practical realm. Whether the forum has the authority over the case is the problem which needs to be resolved first as the dissentions arising from the B/L come to the forum. The ascertainment of jurisdiction, to a great extent, will influence the law applicable, the burden of persuasion, the justness of the judgment, and the enforcement of the judgment, which will have an effect on the benefit of the shipper, consignee, and carrier directly, and the development of international shipping enterprise indirectly. Shortly, the cognizance of the effect of the jurisdiction clause is extremely important. Otherwise, the cognizance has a character of universality and internationalism. Undoubtedly, building a perfect legal system will be great significance to the protection of the benefit of the participant of shipping enterprise, to the ordered development of shipping and international trade of our country, to the maintenance of the authority of our judicature, and also to the magnificent goal of making our country the center of maritime judicature in Asia-Pacific area.Starting from the categories and characters, this article advances that the jurisdiction clause is a jurisdictional agreement. Subsequently, the factors relating to the effect of the jurisdiction clause are discussed. Due to the practical quality of the cognizance of the jurisdiction clause, comparing the international treaties and the legal systems and practices of influential shipping and trading countries is an effective approach to discuss our choice of legislation value, and to find the means to perfect our legal practice. This article categorizes and evaluates the attitudes of influential shipping and trading countries regarding the effect of jurisdiction clause, and also introduces some international treaties relating to jurisdiction. After that, this article evaluates the legislation and legal practice of our country. Through comparing and analyzing, this article holds that based on the actuality of international trade and shipping, we should adopt the experience of the country which are advanced in trading and shipping. We should pay equal attention to both international harmony and national sovereignty. We should build a cognizance system which acknowledges the effect of jurisdiction clause in principle. But in order to keep flexibility, it should be permitted to examine some specific case in special condition. Meanwhile, we should perfect out legislation in order to make the judgments made by our forums beneficial to the maintenance of transportation system by B/L, the settlement of international jurisdiction conflicts, and the maintenance of our judicatory sovereignty.