Paramount Clause and Codification of International Shipping Law

This article analyses the voluntary inclusion in a charterparty or its incorporation into a bill of lading by the contracting parties of protective clauses such as the Paramount or Himalaya Clauses. The Clauses provide for the application of the Hague-Visby Rules or other international instruments f...

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Bibliographic Details
Published inJournal of maritime law and commerce Vol. 50; no. 1; pp. 45 - 89
Main Author Fernández, Jonatan Echebarria
Format Journal Article
LanguageEnglish
Published Bristol Roger Williams University, School of Law 01.01.2019
Subjects
Agreements
Attorneys
Bills of lading
Charters
Codification
Conflicts
Conventions
Disputes
Instruments
International law
Jurisdiction
Law
Legislation
Liability
Maritime law
Public policy
Shipping
Shipping industry
Subcontracting
Subcontractors
US exports
Validity
United States > US
Online AccessGet full text
ISSN0022-2410
2162-4127

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Summary:This article analyses the voluntary inclusion in a charterparty or its incorporation into a bill of lading by the contracting parties of protective clauses such as the Paramount or Himalaya Clauses. The Clauses provide for the application of the Hague-Visby Rules or other international instruments for the limitation of responsibility of the carrier and its servants, agents, and subcontractors. However, the interaction between forum and ius may lead to additional consequences. The validity of the agreement on the applicable law altogether with the choice of seat to solve future disputes between the parties can be limited by public policy and overriding mandatory rules of the forum.
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ISSN:0022-2410
2162-4127