An Analysis On The Validity Of Arbitration Clause In The Lease Incorporated Into Bills Of Lading

The effect of an arbitration clause in the bill of lading, particularly the bill of lading incorporated the arbitration clause of the voyage of the effectiveness of the lease problem, has been a controversy over the question. With the development of China's foreign trade and development of the shipping industry , the bill of lading for the lease of the effectiveness of the arbitration clause at the Court of jurisdiction over the objection are not uncommon practice in the administration of justice. How to deal with such disputes, the judicial practice in China is in the practice of non-compliance, the international community also does not have a unified opinion. In this paper a specific case, the lease on the bill of lading incorporated the arbitration clause of the effectiveness of the various questions are discussed, and they hope to deal with our country at a similar benefit disputes. The full text of a total of about 20,000 words, is divided into four parts.The first part is the introduction of the case is about A v. C of shipping insurance, small insurance carriers subrogation right to introduce in detail the jurisdiction of the dispute, led to the bill of lading incorporated the terms of the lease of the validity of the arbitration..The second part is the focus of the case. The case for the actual circumstance, summed up the focus of controversy in this case for four. Whether or not the lease includes an arbitration clause into the bill of lading, a valid tenancy agreement binding arbitration clause in the bill of lading holder , how to determine the validity of arbitration clauses in bills of lading of the applicable law, whether binding arbitration clauses in bills of lading insurers.The third part is divided into the dispute and differences of opinion. The focus of the disputes set out in the main opinion at home and abroad. Whether or not the arbitration clause on the lease was incorporated into the bill of lading, the main list into the general and special provisions incorporated into the terms of said thesis. Regarding the lease on the effective whether or not bound by the arbitration clause question the bill of lading holder, said of the negative and made sure that the introduction and for the two views are related to the case cited. About the bill of lading to determine the effectiveness of arbitration under the terms of the applicable law, cited the autonomy that the law of arbitration and the courts said the law said. About whether the binding arbitration clause in the bill of lading on the issue of insurance, said on the negative and made sure that description. The fourth part is divided into the conclusion of the study. Whether or not the arbitration clause in the lease into question the bill of lading, through the case, citing the relevant provisions of our country, the judicial practice of the United Kingdom and the United States on the common provisions of the bill of lading incorporated into analysis of how to select the appropriate provisions incorporated into the recommendations, at the same time I think of the arbitration clause was incorporated into the bill of lading bill of lading. Incorporated into the bill of lading for the possibility of binding arbitration clauses in bills of lading holder of questions, the author from the form, meaning that the bill of lading bill of lading, as well as the integrity of the legal aspects of the relationship between the specificity of analysis, concluded that the arbitration clause to the bill of lading bill of lading holder can be bound. Arbitration clauses in bills of lading for the determination of the effectiveness of the application of law, and the author in 1958 through the analysis of "the New York Convention" provides that scholars opinion, our country the practice of judicial practice, the practice of trial practice, the arbitration agreement to determine the effectiveness of the idea of the applicable law.. The possibility of binding arbitration clauses in bills of lading on the issue of insurance, the author through the analysis of specific cases, with reference to foreign practice, come to the arbitration clause should be bound by the conclusions of the insurer.