| An arbitration clause is an important clause in the bill of lading (B/L), whichis one of the most widespread documents in the international carriage of goodsby sea. Compared with the arbitration clause in general contracts, the one in billof lading has specialities of validity and effects because of its complicated legalrelations. There have been existed many disputes since the arbitration clause inB/L was put forward, and how to assert the validity of the arbitration clause inB/L gradually becomes a general issue in international admiralty law. Thedomestic academic circle of the arbitration law hasn't paid enough attention tothe arbitration clause in B/L, and the circle of the maritime hasn't full knowledgeof it in practices. Therefore, there are important theoretical significance andpractical values to study this issue at the present time.The following are construction of the text and abstracts of all chapters:The introduction is relevant to the concept, type, and characteristics of thearbitration clause in B/L, present situation of the research in China and othercountries, the necessity and urgency of the study on this question and theresearch aim of this text.Chapter one, which is divided into two parts, is relevant to the validity of thearbitration clause in B/L, and essential elements of the validity, includingelements of form and substance will be concretely analyzed.In chapter two the issue discussed is applicable law of the validity ofarbitration clause in B/L. Because of strong law conflicts on the confirmation ofvalidity of the arbitration clause in B/L, law conflicts should be analyzedcorrectly and reasonably for the definition of its applicable law. Although theapplicable law is similar to these ones of general arbitration clauses, thearbitration clause in B/L has its own application roles. Therefore they shouldn'tbe viewed as the same thing.In chapter three effects of arbitration clause in B/L is discussed, includingeffect on the parties, the board of arbitration and court. This chapter deals withthe key of the effect on the parties which is relevant to three concrete aspects, namely effect on the Carrier, the shipper and the holder of B/L.Chapter four focuses on the special form of the arbitration clause in B/L,including the validity of the substantial content of charter-party arbitration clause,the arbitration clause in the fraud B/L, etc.The content of Chapter five extents both from the validity and effects of thearbitration clause in B/L and the comparative analysis international treaty andnational legislation and judicial practices of some countries to improvement ofrelevant issues in Chinese arbitration legislation. |
