In this category of cases,the proper nexus should be thecharterpartys arbitration clause,and this nexus has a legaleffect in respect of binding the holder to this arbitrationclause.③ In other words,the holder of a bill of lading and theshipowner shall be ...[继续阅读]

    As discussed above,in order to suffice an incorporation of anarbitration clause from a charterparty to a bill of lading,it isnecessary to treat an incorporation clause (explicit about incorporating an arbitration clause) as an independent arbitrationclaus...[继续阅读]

    In the situation where a holder of the bill of lading is the charterer or where a bill of lading is transferred back to the charterer,Chinese law is on the same page with attempted solutionone. To illustrate,it has been regulated in Chinese law that inthi...[继续阅读]

    The attempted solutions are workable under Chinese law,eventhough some distinct rules in Chinese law may impose certainchallenges. This is largely because Chinese law tends to adaptits rigid approach from the perspective of validating an arbitration claus...[继续阅读]

    As discussed in 5.1.1,the legal status of the bills incorporation clause under this situation may be limited to a piece of evidence,and the clause having thecontractual effect is the arbitration clause in a relevant charterparty. ① For this reason,thesuff...[继续阅读]

    As discussed above,when the holder of the bill of lading is notthe charterer,the relevant bill of lading would be the contractof carriage between the carrier and the holder. However,thisprovision (Article 95 of the Maritime Code of the PRC) doesnot shed m...[继续阅读]

    Even with the above-mentioned theoretical support,a successful incorporation of an arbitration clause from a charterparty toa bill of lading is scarce in Chinese legal practice. ② This situation may derive from an absence of a solution in terms of howto a...[继续阅读]

    The findings of this book may contribute to establishing a newparadigm for binding the holder of a bill of lading to an incorporation clause which incorporates an arbitration clause from acharterparty to a bill of lading. This paradigm would be especially...[继续阅读]

    In this chapter,the analysis focuses on the first part of thenew paradigm,and this part is designed to be applied to thecases in which a holder of a bill of lading is a third party to thecharterpartys arbitration clause.The difficulty in binding the holde...[继续阅读]

    A shipowners consent to incorporate an arbitration clausefrom a charterparty to a bill of lading can be disclosed by a specifically worded incorporation clause in those bills of ladingthat he/she issued for a specific shipment. This expressed intention ma...[继续阅读]