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一、提单中仲裁条款的有效性(一)订立仲裁条款的意义。仲裁是非讼解决民商事争议的途径之一,早在古希腊古罗马时期就有实践,随着商品经济的不断发展,而逐步成为有效的且被社会普遍认同争议解决机制。仲裁相较于自决、和解具有更高的权威性,而相较于诉讼又具有一定的民间性和灵活性,这种相对的权威性和灵活性体现在提单中,则表现为仲裁条款和管辖权条款的区别。仲裁条款相较于管辖权条款而言,主要针对私人间的权利义务关系,并不直接涉及一个国家的司法主权。在各国都力图扩大对涉外民商事案件的管辖权的背景下,提单中有关外国法院管辖权条款的效力往往难以
First, the validity of arbitration clause in the bill of lading (A) the meaning of the arbitration clause. Arbitration is one of the ways to solve civil and commercial disputes non-litigation. As early as ancient Rome during the ancient Greece, there was practice. With the continuous development of commodity economy, arbitration gradually became effective and was universally accepted as a dispute settlement mechanism. Arbitration is more authoritative than reconciliation and reconciliation, and has a certain degree of civility and flexibility compared to litigation. Such relative authority and flexibility are reflected in the bill of lading as arbitration clause and jurisdiction The difference between the terms of the right. Compared to the terms of jurisdiction, the arbitration clause mainly deals with the rights and obligations of the private individuals and does not directly involve the judicial sovereignty of a country. In the context of all countries seeking to expand their jurisdiction over foreign-related civil and commercial cases, the validity of the provisions of the bill of lading governing the jurisdiction of foreign courts is often difficult