Study On The Validity Of Jurisdiction Clause In Bill Of Lading

The Bill of Lading is one of the transport documents which is widely used in the carriage of goods by sea,and the jurisdiction clause is one of the dispute resolution clauses in the B/L.How to judge the validity of jurisdiction clause in B/L has been a controversial issue that attracts attentions frorm academics and practitioners.Due to the different standards of judging the validity of jurisdiction clauses,the conflict of jurisdiction happens occasionally.For that,studying on the validity of jurisdiction clause in B/L has great significance both in theory and reality and the study will help to solve the conflict of jurisdiction.Starting from theories and the experience of other countries and combining the cases,this paper will thoroughly research on this subject and propose certain improvement suggestions for solving the conflict of jurisdiction.This paper is divided into four chapters.The first chapter is theoretical analysis.Making sure that the jurisdiction clause in B/L has the features of formality,independence,and negotiability,and discussing if the jurisdiction clause belongs to the jurisdiction by agreement.The second chapter is the choice of law for judge the validity of jurisdiction clause.Judging with different law systems may get different results,so it is vital to decide the rule of applicable law.On the basis of analyzing the theories of applicable law,the paper introduces the principles of deciding the applicable law.The third chapter is the discussion of the validity of the jurisdiction clauses from the aspect of the clause itself,including the equity,the exclusivity problem,and the effective connection between the dispute and the court.The last chapter is the practice of other countries and the settlement of the jurisdiction conflict.This paper will put forward views for the conflict of jurisdiction based on the theories and the practice of countries.