The arbitration clause contained in the bill of land and in a small and illegible handwriting by an ordinary person without consideration of the business of the contracting company, pursuant to the objective standard not subjective standard, shall have to be invalidated. The trial court shall have the right to conclude the capacity in the action. The insurance payment of the due sum insured to the owner of goods, due to deterioration or damage, shall be deemed a legal or agreed subrogation, as the insurer shall subrogate the owner regarding rights or actions against the responsible for the damage, based on the contractual responsibility or tort, not on actions resulted by the Marine Insurance Policy. The contested judgment of the availability of capacity of the insurer to file the action, as it has subrogated the right holder legally regarding the damaged goods pursuant to the bill of lading on the ground that the insurer paid the due sum insured to the owner of goods, shall be deemed applying of law properly.