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Voyage charters arbitration clause of the bill of lading merger effective conditions for research

Author: ZhangBiQing
Tutor: FengXia
School: China University of Political Science
Course: International Law
Keywords: Voyage charters Arbitration clause Incorporated into the terms of Bill of lading Entry into force of
CLC: D997.4
Type: Master's thesis
Year: 2008
Downloads: 91
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Abstract

The main problem for the conditions of entry into force of the arbitration clause of the bill of lading merger voyage charters. Shipping practice, the carrier to protect their own interests, often added in the bill of lading terms of the one incorporated into the state should voyage charter party arbitration clause incorporated into the into the bill of lading bill of lading to the non-constrained bill of lading transferable by endorsement lessee holding someone. China's current voyage charters arbitration clause incorporated into bills of lading, entry into force of the elements of the problem is not clearly defined, the practice of the Court on this issue differences, the Chinese cargo in cargo damage is often not get timely or effective relief. Therefore, this thesis this practical significance of research studies. The thesis is divided into three chapters, respectively, from the bill of lading to merge voyage charters arbitration clause in a variety of legal relations, the main theories, the author's concept and reasons for the analysis of three angles discourse. The first chapter around a variety of legal relationships that exist in the bill of lading merger voyage charters arbitration clause to start on, and to explore the application of the law in the bill of lading with an arbitration clause, the causes of the problem of the entry into force of last merge voyage charters arbitration clause in the bill of lading were Analysis. On the multi-layer legal relationships that exist in the process of bill of lading merger voyage charters arbitration clause, the first from a static point of view, related to voyage charters and arbitration provisions of the two legal documents, this chapter on the nature of the voyage charters defined, summed up the the formation of various types of voyage charters in practice standard format, and these voyages arbitration clause contained in the lease standard format characteristics are summarized and analyzed. Secondly, from a dynamic point of view, the bill of lading merger voyage charters arbitration clause involved in this process to the issuance and transfer of bills of lading, therefore, this chapter, followed by detailed discussion of the two dynamic processes, first, the bill of lading for the issue and how to identify the carrier, including How to identify the carrier, voyage charters in the third person of non-lease the parties to identify the carrier according to the bill of lading, as well as how to identify the carrier and the actual carrier; is to determine the transfer of the bill of lading and bill of lading holder range issues, including how to determine the bill of lading holder in the CIF, CFR, FOB, trade terms, respectively. Again, with the bill of lading has been issued or transferred, the legal nature of voyage charters bill of lading according to the bill of lading held by a different person's identity and the corresponding change scenario is that the bill of lading for the voyage of the lease the lessee holds, then for voyage charters for the carrier and the charterer, voyage charters is a contract of carriage between them and the legal nature of the lease bill of lading is only a receipt; another case, the lease bill of lading has been transferred, the bill of lading holder of a non-lessee held by this point, the carrier and the charterer's bill of lading holders, bill of lading is the contract of carriage between them, and is a legal fiction of the contract. On the application of the law in the arbitration clause in the bill of lading effective merger lease, this chapter discuss the lease application of the law; the application of the law of the lease bill of lading; and bill of lading arbitration clause in the lease, whether the merger effective laws to apply to three types of different situations. Bill of lading the merger of the lease of an arbitration clause is valid, this chapter, respectively, in two ways to determine the law applicable First, determine the combined lease arbitration provision itself whether it should apply to which country's laws; judgment bill of lading arbitration clause in the lease the merger of the effectiveness of how to determine the applicable law. Voyage charters arbitration clause of the bill of lading merger to take effect the cause of the problem, this chapter can be summarized into three, one bill of lading held by non-lessee of the bill of lading and carrier between the pro forma for the legal contract of carriage; two is due to the lease bill of lading Jane; three is because the carrier for the protection of their own interests to consider. The second chapter introduces the bill of lading effective integration of several theories of voyage charters arbitration clause. England is not only shipping a large country, arbitration large country, its case law on this issue has been the formation of a relatively stable and mature the theoretical point of view, and the theory of other countries including the impact on China is also the most significant, so this chapter is mainly around the United Kingdom on theory and judicial point of view of the problem are discussed. British doctrine on the effective integration of voyage charters of the bill of lading arbitration clause can be divided into two categories: general provisions effectively incorporated into the say and express provisions effectively incorporated into the said. The latter of which is divided into the arbitration clause expressly merger bill of lading effectively said, and the bill of lading expressly merger arbitration clause effective. This chapter by the terms of the lease area is divided into are directly related to the terms of the lease the subject and ancillary provisions, combined with the Annefield case of the three classic case, The Merak case and Rena K case for these types of theories were introduced. The third chapter introduces the author on voyage charters arbitration clause incorporated into the bill of lading to take effect the conditions of vision and reason. First, the chapter to start from the analysis of several typical judicial case, analysis of the conditions on the issue of judicial practice in China during the voyage, lease arbitration clause incorporated into bills of lading to take effect several main ideas and practices. Subsequently, this chapter the focus on the author on the issue of some views and ideas to start on. I will voyage charters arbitration clause incorporated into bills of lading, the entry into force of idea into the real elements and formal requirements of two parts, the legal basis for analysis and feasibility study from both theoretical and practical aspects of this concept. Among them, the legal reasons for the support of the main theory of the independence of the arbitration clause, arbitration voluntary theory and the format of the entry into force of the terms of the theory; practical justification for the maintenance of the consideration of China's goods Fangli Yi. Finally, for the current judicial and legislative status quo, how to avoid the arbitration clause has been improperly incorporated into the bill of lading and the possible risks of the author from the bill of lading assignee point of view and our legislative and the judiciary The angle of the corresponding recommendations.

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