Study on arbitration agreement in China maritime arbitration

Abstract

This dissertation aims at tracing the development of Chinese maritime arbitration system, her current problems and various challenges she is facing. Particular foci are made to the form, content, and effectiveness of the arbitration agreement. With regard to the reality of shipping industry, the incorporation of arbitration clause in the charter party into the bill of lading leads to many important issues, such as whether it is incorporated, whether the holder of the bill of lading is the party or not, and how to determine its governing law. These are all crucial for arbitration in resolving different disputes in practice.This paper will also attempt to identify improvements on the arbitration agreement in the existing maritime arbitration regime of China, making arbitration agreement valid as far as possible to resolve the disputes between the parties.