Incorporation of arbitration clauses into bills of lading under the PRC law and its practical implications

Under English law, an arbitration clause in a charter party may validly be incorporated into a bill of lading which has provided that an arbitration agreement under a charter party would be incorporated into such bill of lading. However, it appears that the Chinese maritime courts have taken a very different approach in this regard. There have been a number of recent important Chinese maritime courts' decisions which have been approved by the Supreme People's Court of the People's Republic of China (PRC). This article will review these decisions and discuss their practical implications, particularly on anti-suit injunctions filed in English or Hong Kong courts to restrain proceedings in China, and the enforceability of London or Hong Kong arbitral awards in China.