The Study On The Arbitration Provisions Of The Rotterdam Rules And Its Impact On China

Articles of arbitration have been made in Chapter 15 of The United Nation Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea(hereinafter referred to the Rules,or the Rotterdam Rules),the convention makes a distinction in different modes of transport for the first time,including arbitration provisions for liner shipping contracts,volume contracts and non-liner shipping contracts.Compared with the previous conventions,the Rotterdam Rules has a groundbreaking requirement in the scope of application and other relevant specific provisions,and the complexity of the Rules is also improved.Although the Rotterdam Rules has not come into force,China has not participated in it,as a new product of international shipping development,the Rules will have an impact on the international commercial arbitration system.China needs to analyze the trends reflected in the Rotterdam Rules,and seek the greatest protection for our country in the course of international comercial arbitration.Finally,China needs to analyze the influence and reference significance of our country based on our national conditions.This paper is divided into three parts:introduction,text and conclusion,and there are four chapters in the part of the text.The first chapter is the introduction of the convention.For the first time,the convention provides for the content of international arbitration through the different modes of transport.This section analyzes the general rules of the liner shipping and the exceptions to the volume contract,the provisions of the non-liner shipping,the arbitration agreement after the dispute,and the applicable conditions.The second chapter is the overall evaluation of the provisions of the convention.This chapter,based on the purpose of the arbitration provisions of the Rotterdam Rules,arbitration provisions,understands the establishment of the Rules;understands the starting point and central idea of the arbitration clause in the Rotterdam Rules,starting from the principle of establishment;compared with international arbitration law,analysis the form of arbitration and the problem about arbitration clauses incorporated by means of "specific reference" and summarize the inheritance and development of the Rotterdam Rules on these two issues;this chapter also addresses the problems of the arbitration provisions in the Rotterdam Rules,mainly focusing on the issues arising from the application of arbitration,the possible contradiction of numerous arbitration places and the difficulties of applicable law in concrete practice.The third chapter is the impact of the arbitration provisions of the Rules on China.This chapter mainly compares the conflict of arbitration provisions between the Rotterdam Rules and our country from the legislative aspects;experiences the impact of the Rotterdam Rules on the number of arbitration cases in China;also analyzes other effects on international shipping and trade.The fourth chapter analysis the revelation for China from this Convention.This chapter mainly puts forwards some proposals for Chinese related legislation,maritime arbitration circle,shipping and trade enterprises.