The following Commercial practice note Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court provides comprehensive and up to date legal information covering:
This Practice Note explains the Hague-Visby Rules (the Rules) which are an international convention enacted into English law by the Carriage of Goods by Sea Act 1971 (CGSA 1971) whose purpose is to regulate some of the most important rights and obligations under bills of lading for carriage of goods by sea. The Practice Note covers the scope of the Rules, the carrier’s responsibilities under them, the carrier’s limitations of liability and immunities available under the Rules and the relevant time bars.
The Rules are a modified version of the Hague Rules, enacted by the CGSA 1924. The changes were brought about by the Visby protocol of 1971. The Hague Rules still apply in some circumstances and will be referred to briefly in this Practice Note for the purposes of comparison.
Other major rules which may be applicable to carriage of goods by sea but which fall outside the scope of this Practice Note include the Hamburg Rules (1978) and the Rotterdam Rules (2008).
Under Article X, the Rules apply where:
the bill of lading is issued in a contracting state
the shipment is from a port in a contracting state
the contract of carriage contained in or evidenced by the bill of lading expressly says that they (or national legislation giving effect to them) will apply to it
This provides a much more straightforward mechanism
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