A chink (or two) in the bill of lading plaintiff's jurisdictional armour? Good news for Australian maritime arbitration?

Article Abstract:

Two Australian court decisions, Hi-Fert Pty. v. Kiukiang Maritime Carriers, Inc. and Akai Pty. v. People's Insurance Co., have left in doubt whether plaintiffs can show reason to maintain a court challenge regarding a bill of lading if the bill includes a foreign arbitration clause. The courts in these cases have interpreted section 11 of the Carriage of Goods by Sea Act 1991 to mean arbitration clauses must stand unless 'strong reason' can be shown. This may cause future bills of lading to be written with arbitration clauses requiring arbitration to be in Australia and thus negate section 11.

Interpretation and construction, Australia, Conflict of laws, Jurisdiction, Commercial arbitration agreements, Maritime law

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The New Act, old bills of lading and the United States District Court for the Southern District of New York: an interesting mix

Article Abstract:

Many bills of lading for carriage into and out of Australian ports contain a statement of the Hague Rules as part of the old Sea-Carriage of Goods Act 1924 which would seem meaningless given that the Hague-Visby Rules have the force of law since enactment of the new Carriage of Goods by Sea Act 1991. However, a conflict arises since the US uses a version of the law which requires the unamended Hague Rules as part of the bills of lading for sea-carriage into and out of American ports. The two sets of rules require different levels of liability insurance on the part of the carrier.

Laws, regulations and rules, Transportation industry, Insurance

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What obligations does a shipowner take over from a defaulting time charterer under charterers' bills of lading?

Article Abstract:

New South Wales courts have given differing opinions on the obligations of shipowners when withdrawing ships from time charterers in default. The Supreme Court held all obligations to bills of lading in J. Gadsden Pty v. Strider 1 Ltd (The AES Express). However, the Court of Appeal has questioned this when damage occurs, in the unreported decision of Quadro Shipping N.V. v. Bizley & Co (The Protea Trader).

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