Study On The Jurisdiction Clause In B/L

In maritime litigation, the jurisdiction clause in B/L is always a focus of controversy among the parties concerned. Carriers, taking advantages of their tailor made bill of lading, set up jurisdiction clause to choose their preferred jurisdiction over the possible future B/L disputes. The attempts of excluding other jurisdiction in such a way naturally received strong against from cargo interests and their insurers. This is nowadays a popular issue the international maritime judicial circle is facing.Considering the importance of maritime trade and their own interests, all the countries are not easily give up their jurisdiction, and some of them hope to maximize its jurisdiction. So in the national legislation and judicial practice, there are different attitudes towards the jurisdiction clause in B/L . Nowadays our country is playing an important role in the international maritime trade, but the legislative is lack of specific rules about the jurisdiction clause in B/L. resulting in the adjudges of the courts are different, and even departure from the fundamental principles of law. Our country should consider the current status of today's international maritime trade, learn from the advanced experience of foreign countries, formulate specific rules for the jurisdiction clause in B/L as soon as possible, in order to maintain stability and unity of the maritime justice and protect the legitimate rights and interests of both parties.The thesis consists of three parts-Introduction. Main Body and Conclusion.The Main Body is divided into three chapters:Chapterâ… summarizes the basic theory of the jurisdiction clause in B/L . Briefly introduce the significance of studying of the jurisdiction clause in B/L for maritime trial; the definition, legal characteristics, nature and classification of the jurisdiction clause in B/L. Point out that the jurisdiction clause in B/L is a special form of Jurisdiction Agreement.Chapterâ…¡assess the international conventions which be used to judge the effects of the jurisdiction clause in B/L and summarizes the classification of the world's major country's legislations and judicatory of the jurisdiction clause in B/L. Chapterâ…¢describes the status of China's legislation and divide the relevant cases into two types: cases admit and exclusive of the jurisdiction clause in B/L. Point out that China's maritime legislation and judicial exist gaps, need to be solved immediately.Chapterâ…£discusses the basic principles of justice (Principles of parity , Convenient for the lawsuit and "Forum non conveniens") as well as the necessary conditions(Notable jurisdiction clause in B/L Indicate the adequate court, "Real connection" and clause only refer to dispute in B/L) for the jurisdiction clause in B/L.