The Study Of The Weng Fu Sues Maple About The Effect Of The Lease Arbitration Clause Case

As the quicker growth of our country's economy,the international shipping business has fully developed,and it followed the relationship of the voyage charter party terms and arbitration clause of bill of lading.As a member of the international shipping industry and a maritime power,China more need to handle the arbitration clause in the lease and provide legal support and protection for the development of shipping industry and related operations of our country.And the bill of lading in international trade and carriage of goods by sea is a kind of very vital document,which effectiveness is also still be enhanced and perfected.Especially the incorporation clause of B/L of the issues involved,disputes are arising between the parties often due to the reason of the incorporation clause of B/L in the actual seaborne trade.Such disputes often involves the lease,which is a abbreviated name for voyage charter party,and that is one kind of the contract of carriage of goods by sea and will be discussed in this paper.The bill of lading under the lease is signed and issued by party B/L.But its essence is still the bill of lading,and the difference is that it exists and subjects to the influence and function of voyage charter.There is no clear definition to the incorporation clause in our country "maritime law".There is a general clause without clearing the operability of terms,but it is often used in practice in the incorporation clause with concise words which easily cause dispute.Through the analysis and summary of the case,refer to British and American countries for the cognizance of the incorporation clause,thus it can put forward opinions for our country in the practice of arbitration clause about the lease identity problems.This paper include four parts,the first part takes a typical case "WENGFU INTERTRADE LIMITED sues MAPLE MARITIME INC" as an example,and introduces the basic facts and the disputes of case---jurisdictional issues and the lease arbitration clause effect of this case.The second part has final conclusions through the analysis of whether courts have jurisdiction on the case,as well as the correct legal basis.The third part mainly introduce the effect problems of lease arbitration clause of this case.First is the summary of lease arbitration clause incorporated into the B/L of this case.Second is the problems of the incorporation clause of this case;Third is what effect can have on the holder of the lease arbitration clause.The fourth part on the basis of above analysis,it causes the thinking of our country relevant jurisdiction and arbitration clause in the lease effectiveness problems and the relevant opinions and suggestions are given for the problems.In international shipping and judicial practice,to maintain the lease arbitration clause effectiveness formed the certain theory,but our domestic related theory seldom analyze and summarize it combined with our country's relevant laws and regulations.Four chapters of this paper provides some enlightenment from WENGFU INTERTRADE case introduced to the final is in view of the specific case analysis of legal problems gradually,based on the theory of our country's relevant laws and in combination with the common law countries practice effect on lease arbitration clause related problems to analyze deeply.Finally according to lease arbitration clause effect problem,based on the characteristics of the international shipping industry,it put forward some advises meeting the requirements of the international trade development in our country.