Study On The Legal Effect Of The Bill Of Lading Incorporation

Along with the rapid development of international trade and shipping,the use of bills of lading became very common.The legal effect caused by the incorporation of clauses in bills of lading,especially the incorporation of lease arbitration clauses,cannot be neglected.Because arbitration has become more and more popular with the maritime industry.In the practice of maritime arbitration,more and more parties choose to express their arbitration intentions by incorporating the lease arbitration clause into the bill of lading.Regulations in China's "Marine Law" and "Arbitration Law" on this aspect are relatively conservative and general.The judicial criterion is different in judicial practice when encountering this matter.Therefore,by studying the legal effect of the incorporation of the bill of lading,in particular,by studying the legal effect of the arbitration clause incorporated in the lease of bills of lading,and by analyzing of the typical cases and practices of the common law countries,we can improve the legal effect of the incorporation clause of the bill of lading in China,especially improve the legislative and judicial status of the incorporation of the lease arbitration clause into the bill of lading in China.And also give suggestions for the trial of foreign-related cases in China's maritime courts,in order to provide stronger protection for the Chinese party.Regarding the incorporation clause of the bill of lading,some scholars have already studied the provisions of the laws of the United Kingdom and the United States on the incorporation of the bill of lading,and classified the clauses of the incorporation of different leases in bills of lading.Their studies played a very important role in promoting legal researches regarding the incorporation of clauses in bills of lading.This thesis is based on the study of the legal issues of the incorporation of bills of lading,worked from shallow to deep the discussion of the meaning,the principles of interpretation,forms,contents,general issues of legal effects and special circumstances of the incorporation of the bill of lading;further pointed out China's legislative defects in this area and the problems in judicial practice,then put forward suggestions for improvements.