Scribd Logo
Upload

Welcome to Scribd!

  • 331 views

    Paramount Clause

    Uploaded by

    Ankit Maurya
    This document outlines the terms of a paramount clause for bills of lading issued under a charter party. [1] It states that the Hague-Visby Rules will apply to govern cargo claims. [2] When those rules do not apply compulsory in the country of shipment or destination, the clause ensures they still apply contractually. [3] The purpose is to provide uniformity and ensure carriers have defenses and liability limits under the Hague-Visby Rules.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd

    Paramount Clause

    Uploaded by

    Ankit Maurya
    331 views2 pages
    This document outlines the terms of a paramount clause for bills of lading issued under a charter party. [1] It states that the Hague-Visby Rules will apply to govern cargo claims. [2] When those rules do not apply compulsory in the country of shipment or destination, the clause ensures they still apply contractually. [3] The purpose is to provide uniformity and ensure carriers have defenses and liability limits under the Hague-Visby Rules.

    Original Description:

    maritime legislation - chief mate phase 2 2021 notes mmd dg shipping

    Original Title

    25. Paramount Clause

    Copyright

    © © All Rights Reserved

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document outlines the terms of a paramount clause for bills of lading issued under a charter party. [1] It states that the Hague-Visby Rules will apply to govern cargo claims. [2] When those rules do not apply compulsory in the country of shipment or destination, the clause ensures they still apply contractually. [3] The purpose is to provide uniformity and ensure carriers have defenses and liability limits under the Hague-Visby Rules.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    331 views2 pages

    Paramount Clause

    Uploaded by

    Ankit Maurya
    This document outlines the terms of a paramount clause for bills of lading issued under a charter party. [1] It states that the Hague-Visby Rules will apply to govern cargo claims. [2] When those rules do not apply compulsory in the country of shipment or destination, the clause ensures they still apply contractually. [3] The purpose is to provide uniformity and ensure carriers have defenses and liability limits under the Hague-Visby Rules.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    PARAMOUNT CLAUSE - GENERAL

    Paramount Clause

    [All Bills of Lading under this Charter Party shall contain the following clauses]
    The International Convention for the Unification of Certain Rules of Law relating
    to Bills of Lading signed at Brussels on 25 August 1924 (“the Hague Rules”) as
    amended by the Protocol signed at Brussels on 23 February 1968 (“the Hague-
    Visby Rules”) and as enacted in the country of shipment shall apply to this
    Contract.

    When the Hague-Visby Rules are not enacted in the country of shipment, the
    corresponding legislation of the country of destination shall apply, irrespective of
    whether such legislation may only regulate outbound shipments.

    When there is no enactment of the Hague-Visby Rules in either the country of


    shipment or in the country of destination, the Hague-Visby Rules shall apply to
    this Contract save where the Hague Rules as enacted in the country of shipment
    or if no such enactment is in place, the Hague Rules as enacted in the country of
    destination apply compulsorily to this Contract.

    The Protocol signed at Brussels on 21 December 1979 (“the SDR Protocol 1979”)
    shall apply where the Hague-Visby Rules apply, whether mandatorily or by this
    Contract.

    The Carrier shall in no case be responsible for loss of or damage to cargo arising
    prior to loading, after discharging, or while the cargo is in the charge of another
    carrier, or with respect to deck cargo and live animals.

    Compiled by : Capt. Naveen C Tewari, ARI Saket. New Delhi. (1/16) 1


    PARAMOUNT CLAUSE - GENERAL

    Purpose

    The main function of a Paramount Clause is to ensure that bills of lading issued
    for cargo carried under the charter party are subject to the provisions of the
    Hague-Visby Rules.

    The Hague-Visby Rules will often apply compulsorily to claims brought by cargo
    receivers.

    The Paramount Clause will make sure that, even if the Rules are not apply
    compulsory, they will apply by contract. The aim is that cargo claims will always
    be subject to the same uniform legal regime and that carriers will always have
    the benefit of the defenses and limitations contained in the Rules.

    Compiled by : Capt. Naveen C Tewari, ARI Saket. New Delhi. (1/16) 2

    You might also like