Study On Effect Of Jurisdiction Clause In Bill Of Lading

The main purpose of this paper is a comprehensive collation and analysis of the effectiveness of the bill of lading jurisdiction clause theory, to make a correct understanding of the effectiveness of the jurisdiction clause bill of lading and find the reference factors in the specific case to determine the effectiveness of the jurisdiction clause in the bill of lading. Provide a reference for the establishment of a sound judgment standard system.The method used in this paper:First:analysis of cases involving the effectiveness of the jurisdiction clause, according to the specific circumstances of each case and the claims of the parties, and the final decision of the Court of precipitation controversial core problem.Second:in-depth understanding of the terms of the bill of lading jurisdiction, entered into for the purpose, in the form, content and substance, and to lay the foundation for the next step to analyze the problem.Third:The sum of the controversial issues in the case, combined with the in-depth study of the jurisdiction clause in the bill of lading to do in-depth discussion on the validity of the different theories.Fourth:to collect knowledge about the effectiveness of the jurisdiction clause in the bill of lading in other countries and regions as well as international conventions, practices, lessons learned, and to learn from experience, to understand the development of new trends.fifth:Combined with China’s judicial practice, present the legislative proposals.Conclusion:Jurisdiction clause in the bill of lading is a valid legal theory but in practice due to complicated legal relationship, the parties are many strong foreign factors and other factors are mostly ineffective. Currently in legislation our finding of jurisdiction clause in bill of lading or blank the validity of the proposed constructiv alidity of a jurisdiction clause in the bill of lading review mechanism.