The Bill Of Lading Dispute Resolution Provisions Of Law Analysis

The bill of landing is a very important document in the international carriage of goods by sea. The dispute settlement clause is a very important clause in a bill of landing. Once a dispute has arisen, the effectiveness of the dispute settlement clause is the primary issues to both sides to resolve. The application of the related procedural law and the substantive law is based on the validity of the dispute settlement clause. But the controversy about the validity of the dispute settlement clause in the bill of lading hasn't stopped since the dispute settlement clause existed. This article combined the related domestic law and the international legislation, analysis the relevant legal issues about the dispute settlement clause in the bill of lading, then puts forward the proposal on the legislation and the judicial practice connected with our country.This article analysis the characteristics and the validity of the dispute settlement clause in the bill of lading, compares the arbitration with the lawsuit which are two traditional ways to resolve disputes. Then set out the problem and feasible solution to the above clause in the judicial practice. This article is divided into four chapters, namely: introduce of the dispute settlement clause in the bill of lading; the effectiveness of the arbitration clause in a bill of lading; the effectiveness of the jurisdiction clause in a bill of lading; the judicial practice and thinking on the effectiveness of the dispute settlement clause in the bill of lading in our country.The first chapter introduces classification of the dispute settlement clause in the bill of lading. Then analysis the characteristics, the issues of the effectiveness, and the Legal nature of the above clause, as well as between the above three issues inner link. Then point out that it is much more complex to recognizing the effectiveness of Jurisdiction clause compared to the arbitration clause. Because the lawsuit manifests quasi-judicial. This part is the theoretical foundation of the full text.The second chapter discusses that an effective arbitration clause should meet the requirements both form and content.The third chapter further clarifies the relationship between the jurisdiction clause and the arbitration clause in the bill of lading. Then analysis some familiar restrictions on the jurisdiction clause, to explain that it is more complex to recognize the effective of a jurisdiction clause. Chapters two and three is the core content of this article.The fourth chapter gives some recommendations about legislative and judicial practice in our country, according to related cases and the trend of the international legislation.