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并入提单的仲裁条款通常存在于根据租船合同签发的提单中。根据租船合同签发的提单,出租人通常具有承运人的法律地位,出租人为了使其根据提单对货物运输承担的义务和享有的权利尽可能的与租船合同一致,常常在提单中订入援引租船合同某些规定的条款,称为“并入条款”。而并入提单的仲裁条款正是通过并入条款而成为提单中的一部分。并入条款根据措辞的不同分为一般并入条款和特别并入条款,各国对并入条款的要求不尽相同。
The arbitration clause incorporated into the bill of lading usually exists in the bill of lading issued under the charter party. Under the bill of lading issued by the charter party, the lessor usually has the legal status of the carrier, the lessor in order to make it under the bill of lading obligations and rights enjoyed by the carriage of goods consistent with the charter party, often included in the bill of lading Citing the terms of certain provisions of a charterparty contract, known as “incorporation clause ”. The arbitration clause incorporated into the bill of lading was precisely part of the bill of lading by incorporating the terms. The terms of incorporation are divided into general incorporation and special incorporation clauses, depending on the wording. States have different requirements for incorporation.