涉外商務案例導讀（簡體書）

3.The arbitration proceedings shall, at the option of the claimant, be instituted at one of the following places:
(a) a place in a State within whose territory is situated:
(ⅰ) the principal place of business of the defendant or, in the absence thereof, the habitual residence of the defendant; or
(ⅱ) the place where the contract was made, provided that the defendant has there a place of business, branch or agency through which the contract was made; or
(ⅲ) the port of loading or the port of discharge; or
(b) any place designated for that purpose in the arbitration clause or agreement.
4.The arbitrator or arbitration tribunal shall apply the rules of this Convention.
5.The provisions of paragraphs 3 and 4 of this article are deemed to be part of every arbitration clause or agreement, and any term of such clause or agreement which is inconsistent therewith is null and void.
6.Nothing in this article affects the validity of an agreement relating to arbitration made by the parties after the claim under the contract of carriage by sea has arisen.
PART Ⅵ SUPPLEMENTARY PROVISIONS
Article 23 Contractual stipulations
1. Any stipulation in a contract of carriage by sea, in a bill of lading, or in any other document evidencing the contract of carriage by sea is null and void to the extent that it derogates, directly or indirectly, from the provisions of this Convention.The nullity of such a stipulation does not affect the validity of the other provisions of the contract or document of which it forms a part.A clause assigning benefit of insurance of the goods in favour of the carrier, or any similar clause, is null and void.
2.Notwithstanding the provisions of paragraph 1 of this article, a carrier may increase his responsibilities and obligations under this Convention.