A Study On The Validity Of Arbitration Clause Incorporated In The Bill Of Lading Under Charter Party

Bill of lading is the key of contract of carriage of goods by sea. The various disputes related to bills of lading are the focus of maritime law in the shipping practice. Arbitration clause in the charter party incorporated to the bill of lading may cause a series of problems which have much academic concern in the past ten years. This paper mainly focuses on the effective form of charter party arbitration clause and the effective form of arbitration clause incorporated into the bills of lading to research the effectiveness problem of charter party arbitration clause incorporated into the bills of lading.This paper consists of three chapters, a total of nineteen thousand character retinue. The paper is divided into three parts:introduction, text and conclusion.The introduction is mainly introduced the purpose and the meaning of writing.The text mainly associated with the cases, analysis of the relevant provisions like Chinese current "Maritime Law","Arbitration Law" and "China International Economic and Trade Arbitration Commission ", combined with the understanding of the related international conventions, such as the "New York Convention","Demonstration Method","Rotterdam Rules". The charter party arbitration clause incorporated into the bill of lading is discussed in details.Problem elaborated by the first chapter is basics. The chapter briefly introduces the nature of voyage charter party, time charter party and bareboat charter party and the basic content of the arbitration clauses in the standard formats. Through introduced of the basic problem, readers of this paper understand further elaborated problems with basic concept. This chapter describes the effective form of the charter party arbitration clause arbitration agreement and the ways of signing arbitration agreements in C/P.The second chapter gets into the topic of this paper, mainly pay attention to make a systematic exposition for arbitration clause incorporated into the bills of lading. The first is about of the requirements which arbitration clause incorporated effectively wording on. This part mainly discusses the necessity of the special requirement of arbitration clause incorporated into the bill of lading. It lists the experience of British and American that two shipping developed countries for reference and expounds the necessity of special incorporation from the view of independence of arbitration clause at the same time. Secondly, the recognition problem of the arbitration clause incorporated in bills of lading is discussed. At the first it elaborates the cause and necessity of the identification of the arbitration clause incorporated in bills of lading. Then it enumerates the judicial practice in China and the cases which related to in English. And it summarizes the basic method of the identification. Finally, it analysis on the validity of arbitration clause incorporated for the holder of bill of lading.The third chapter mainly introduces the problems and the ways of improve about the effectiveness of arbitration clause incorporated into the bills of lading. On the deficiencies, it’s one-sided on the recognition of the charter party and too harsh about the validity of the arbitration agreement to make the parties to play a full. This chapter also put forward suggestions about Chinese current "Maritime Law".The conclusion shows the author’s point. There are a few regulations about the incorporation clause in our country. Not to mention to the problem of the arbitration clause incorporated into the bill of lading. Our judicial organ mainly reference to foreign advanced ideas to solve the problem. However, there are some problems of national conditions of our country to be solved at the same time. To revise and perfect the relevant legislation in China may guide the judicial practice and promote Chinese shipping enterprise.