Party Arbitration Clause Incorporated Into The Bill Of Lading Legal Issues Research

The issue of incorporating the arbitration clause within a charter party into the bill oflading (B/L) occurred during the development of the marine trade. Since the B/L will betransferred during different buyers, the holder of it will not definitely be the party of thecharter party. On condition that the holder of B/L is not the party of the charter party, thelegal consequences between the holder of B/L and the carrier is different with that betweenthe carrier and shipper. In order to avoid different, even contradicted responsibilities underthe two legal consequences, the carriers will always provide an incorporation clause on theB/L to incorporate the clauses of the charter party. But how can it successfully incorporatethe arbitration clause of the charter party? There is no global consensus reached by thenations, neither in China. I would like to borrow some ideas from the major marinecountries such as British and US, and make an analysis of China’s relevant cases in recentyears, so as to express my basic understanding to the issues concerning the influence,identification, and applicable law of the said incorporation. Finally, I would like to givesome suggestions from the perspective of practice, legislation.