On The Effectiveness Of The Bill Of Lading Jurisdiction Clause

A jurisdiction clause of B/L, one of the dispute settlement clauses of B/L that consists of jurisdiction clause and arbitration clause generally., is an important clause on the back of the bill of lading. There have been existed many disputes since the jurisdiction clause of B/L was put forward, and how to assert the validity of the jurisdiction clause of B/L gradually becomes a general issue in international admiralty law .Therefore, there are very important theoretical significance and practical values to study this issue at the present time.The article, including seven parts, explores the validity of the jurisdiction clause of B/L systematically and deeply, at the mean time puts forward some meaningful improvable suggestions for correlative legislation and judicature of China. These chapters are as follows: introduction; characteristic and nature of jurisdiction clause of B/L; effects of the jurisdiction clause of B/L on parties; restricts to validity of jurisdiction clause of B/L; applicable Law of jurisdiction clause of B/L; national and international regulations and improvable suggestions on legislation and judicature of China;conclusion.The article indicates that the jurisdiction clause of B/L has the nature of jurisdiction agreements, on the basis of introducing the concept , type, and characteristic of jurisdiction clause of B/L. Confirming validity of jurisdiction clause of B/L has its theoretical basis, but because of the special nature of the jurisdiction clause of B/L itsek; validity of the jurisdiction clause of B/L is differ from the different parties; meanwhile, there also exists the special type of validity of charter-party jurisdiction clause. The validity of the jurisdiction clause of B/L has been confirmed by most countries, but there are also exist all sorts of restricts to its effect. There is strong law conflicts on the confirmation of validity of the jurisdiction clause of B/L, therefore, law conflicts should be analyzed correctly and reasonably for the definition of its applicable law, and the lex fori should be rejected.On the basis of analyzing of these essential problems, through comparative analysis international treaty and national legislation and judicial practice of some countries, the article indicates that our country should regard the principles made...