Bill Of Lading Jurisdiction Clause, A Number Of Legal Research

This dissertation discusses mainly several legal issues about jurisdiction clauses of B/L arising from the international maritime cases frequently. A jurisdiction clause of B/L is an important clause in a bill of lading, which provides where the disputes of B/L should be settled. As we know, different countries and regions have different explanations to clauses of B/L, different utilizing of laws and different procedures of handling, and all these will effect the decisions of the cases, which mean a lot to both of the parties. So jurisdiction clauses of B/L are very important in maritime cases.However, there are so many maritime disputes in practice, and there are so many kinds of issues involved; the issues about jurisdiction clauses of B/L are also varied, and this dissertation mainly discusses several typical issues in maritime trial practice including: 1) the validity of jurisdiction clauses of B/Land the basis to be valid; 2) both the parties of eases haw to protect the interests of himself on the basis of jurisdiction clauses of B/L; 3) thought about the theories and the trials on jurisdiction clauses of B/L.The whole dissertation consists of three parts: the introduction, the text and the conclusion.The first part introduces the present conditions of the jurisdiction clauses of B/L, then recommends the main issues that will be discussed in this dissertation.The main body comprises of four chapters. The first chapter briefs the meanness of the jurisdiction clauses of B/L to the maritime jurisdiction and the maritime trial. Jurisdiction clauses of B/L effect which country the maritime cases will be settled in, accordingly decide the governing laws and the settlingprocedures, and finally influence the decisions of maritime cases.This paper emphasizes the second chapter and the third chapter The second section analyzes the character and the validity of jurisdiction clauses of B/L. Because of the special nature of a B/L itself, jurisdiction clauses of B/L differ from common jurisdiction agreements. Only if they are clear and distinct, and can be proved to be the true mean of both parties, jurisdiction clauses of B/L can be called "agreements" and be accepted. There are no explicit laws ruling the validity of jurisdiction clauses of B/L in most countries. Their validity depends on the judgment of judges. When judges determine whether jurisdiction clauses of B/L are valid, they usually consider that jurisdiction clauses of B/L should conform to the obligatory prescriptions of laws and the society public policies. At the same time, the formation of jurisdiction clauses of B/L should meet the requires of laws.The third chapter says, in order to protect the interests of owners of cargo, forums usually consider whether jurisdiction clauses of B/L will release the legal duty of carriers. When they accept jurisdiction clauses of B/L and the involved cases are settled in foreign countries, forums always retain their jurisdiction and just suspend the procedures. If the foreign forums use internal laws reasonably and protect the interests of owners of cargo, jurisdiction clauses of B/L will be accepted; if not, jurisdiction clauses of B/L will be rejected. At the same time, if owners of cargo attempt to avoid jurisdiction clauses of B/L, they may persuade judges that if cases are handled in foreign countries, they won't get the protection provided by laws such as the COGSA. The applying party should present necessary certifications to provide his position.The following section, the forth, discusses the theories and the trial practice of jurisdiction clauses of B/L in China, suggesting that the legal departments of China consider the practical links, the clear expressions, the justice factors and the international practice when they decide whether jurisdiction clauses of B/L are valid.2The conclusion summarizes the whole dissertation, and provides the fundamental way to settle the disputes of jurisdiction clauses of B/L.