中国海事Issue(7)：56-58,3.DOI:10.16831/j.cnki.issn1673-2278.2024.07.019
永康某科技公司诉上海某货代、美国某货运公司无单放货司法管辖权案评析
Analysis of the Judicial Jurisdiction Case of a Yongkang Technology Company Suing a Shanghai Freight Forwarder and an American Freight Company for the Release of Goods without Bills of Lading
摘要
Abstract
The plaintiff in this case,a Yongkang technology company,is a shipper,while a freight forwarder in Shanghai and a freight company in the United States are the freight forwarder and freight company respectively.The plaintiff filed a lawsuit with the Ningbo Maritime Court,and the two defendants raised objections to their jurisdiction based on the New York arbitration clause in the bill of lading.The first instance court held that the arbitration clause belonged to a standard contract,and the relevant arbitration clause on the bill of lading actually excluded the plaintiffs right to choose the dispute resolution method.Therefore,the court ruled that the arbitration clause in question was invalid or at least did not constitute the content of the contract.The bill of lading is usually a formatting clause and the abusive use of the reason for denying the validity of the formatting clause of the bill of lading will impair the credibility of China's judiciary.关键词
无单放货/仲裁条款/管辖权Key words
delivery of goods without the original bill of lading/arbitration clause/jurisdiction分类
社会科学引用本文复制引用
董湘灵..永康某科技公司诉上海某货代、美国某货运公司无单放货司法管辖权案评析[J].中国海事,2024,(7):56-58,3.
