A Study On Arbitration Clause In Bills Of Lading

On the study and practice of incorporation of arbitration clause into contract, UKand U.S. go prominently farther than China, who keeps it concentrated in the area ofBill of Lading. Carriers tend to incorporate the clauses of Voyage Charterparty intoCharter party Bill of Lading, in order to keep the holders of it from forum shoppingand make it balance between the rights and obligations under Voyage Charterpartyand Bill of Lading. The arbitration clause in the Voyage Charterparty that isincorporated into Bill of Lading is what the paper is discussing about and on whichthe paper analyses from the following aspects. Firstly, on the premise that the paperdefines the theme of the paper, and focuses it on the Bill of Lading and VoyageCharterparty, the paper discusses the differences among British laws, American lawsand Chinese laws on the general reference and the specific reference. Secondly, thepaper goes through the effective factors pursuant to contract laws and arbitration lawsas well as the practice of countries, of which the paper goes deep into the written formof the arbitration clauses, and the declaration of the parties’ intention to submit thedispute to arbitration. Lastly, the paper discusses the effect of incorporated arbitrationclause on the holders of the Bill of Lading and insurers. The paper explores into thereplies of Supreme People’s Court on the issue of Bill of Lading and internationalarbitration, and suggests the amendments of maritime law and arbitration law, andunification of judicial practice, to facilitate the development of the shipping market ofChina and China’s international arbitration cause.