租约中的仲裁条款并入提单本是航运实务问题,但其中却包含的理论亦非常丰富,其二者至今均未得到完全解决。本文结合当前国内立法与英美国家的做法,对租约中的仲裁条款是否能并入,怎样有效并入及其效力问题,从理论和实践上进行了比较和分析。 The incorporation of the arbitration clause in the lease into the bill of lading was a matter of shipping practice, but the theory contained therein was also very rich, both of which have so far not been fully resolved. In this paper, the current domestic legislation and the practice of Anglo-American countries, whether the arbitration clause in the lease can be incorporated, how to effectively incorporate the issue of its effectiveness, the theory and practice were compared and analyzed.