| This thesis mainly discusses the effect of jurisdiction clause in bill of lading. Because the effect of jurisdiction clause in bill of lading has not been definitely defined in Chinese law, so different courts apply different standards, and it leads to the confusion of judicial practice. This situation not only goes against establishing the authority of law, but also causes bad influence on the development of carriage of goods by sea, so this issue has important research value. Establishing a legal identification criterion is needed urgently to solve theoretical and judicial dispute. This thesis attempts to find a suitable and applicable legal identification criterion for China by studying on foreign countries’provisions and domestic academic viewpoints and legal practice.This thesis is divided into five parts. The first part is a brief introduction to the meaning and categories of jurisdiction clause in bill of lading, it also discusses the characteristics and its importance. The second part introduces some Chinese academic viewpoints, and the author comments on some academic viewpoints. The third part discusses the present situation of legislation and judicial practice, the author enumerates some representative Chinese cases which affirm or deny the effect of jurisdiction clause in bill of lading. The fourth part studies on some foreign countries’related legislations and cases and the provisions of international conventions. The author tries to seek reference from foreign countries. The fifth part is the author’s legislative suggestions. The author hopes these suggestions can offer reference for settling disputes in judicial practice. Finally, the author comes to the conclusion that China needs to establish a legal identification criterion and admit the effect of the jurisdiction clauses which measure up to the standard. It is of great importance to identify the places that has actual connection with the dispute and how to apply the principle of reciprocity. |
PDF Full Text Request