论提单并入租约仲裁条款

The Arbitration Clause of Charterparty Incorporated into the Bill of Lading

租船合同中通常有仲裁条款,而它又常常并入租约提单之中。并入租约仲裁条款的方式和效力,学术界的观点不一,这方面的判例也常常相互冲突。本文针对并入租约仲裁条款的生效条件、并入方法、及解释原则等方面,结合近年判例法的发展,做进一步的阐述。

A charterparty often contains arbitration clauses which is usually incorporated into the bill of lading. Academe in this field hold different views on the incorporation and the validity of the arbitration clause, and some cases are not in conformity with each other. This paper is to further the discussion on the methods of incorporation,the principle of explanation conducting with the development of case law.