提单中的并入条款被称为海商法中的“灰色地带”(border line),在我国,仅有《海商法》第95条的原则性规定,但对这一条原则性条款如何理解适用,学者和法官的看法是不一致的,从而导致法院对这类案件判决的不稳定性,使这一灰色地带更显“灰暗”,本文对租约仲裁条款并入提单的若干问题进行了深入探讨。 The incorporation clause in the bill of lading is called the “border line” in maritime law. In our country, there is only the principle stipulation in Article 95 of the Maritime Code, but the understanding of this principle clause applies. The opinions of scholars and judges are inconsistent, leading to the court’s instability in judgments of such cases, which makes the gray area more “gloomy.” This article has carried out an in-depth discussion on some issues concerning the incorporation of lease arbitration provisions into bills of lading.