Breaking the Hague-Visby Rule’s Silence on Choice of Law and Forum Clauses: Article 3 Revisited
It is generally assumed that the Hague-Visby Rules are silent on choice of law and forum clauses. However, Art.3(8) can potentially operate to invalidate such clauses; and the general assumption is challenged by reference to Australia’s cargo liability regime. This reality could incentivise jurisdic...
| Main Authors: | , |
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| Format: | Journal Article |
| Published: |
Informa Business Intelligence
2024
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| Online Access: | https://www.i-law.com/ilaw/doc/view.htm?id=437721 http://hdl.handle.net/20.500.11937/96232 |
| _version_ | 1848766117661638656 |
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| author | Herbst, Shane Allison, Simon |
| author_facet | Herbst, Shane Allison, Simon |
| author_sort | Herbst, Shane |
| building | Curtin Institutional Repository |
| collection | Online Access |
| description | It is generally assumed that the Hague-Visby Rules are silent on choice of law and forum clauses. However, Art.3(8) can potentially operate to invalidate such clauses; and the general assumption is challenged by reference to Australia’s cargo liability regime. This reality could incentivise jurisdictions wanting to uphold such clauses to construe the Hague-Visby Rules uniformly. Despite this, the limits of Art.3(8) should be clarified. In Australia, reform efforts should address this and other issues with arbitration agreements. As Art.3(8) currently stands, parties must consider its potential effects on dispute resolution provisions in sea-carriage documents. |
| first_indexed | 2025-11-14T11:46:03Z |
| format | Journal Article |
| id | curtin-20.500.11937-96232 |
| institution | Curtin University Malaysia |
| institution_category | Local University |
| last_indexed | 2025-11-14T11:46:03Z |
| publishDate | 2024 |
| publisher | Informa Business Intelligence |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | curtin-20.500.11937-962322024-12-16T06:49:56Z Breaking the Hague-Visby Rule’s Silence on Choice of Law and Forum Clauses: Article 3 Revisited Herbst, Shane Allison, Simon It is generally assumed that the Hague-Visby Rules are silent on choice of law and forum clauses. However, Art.3(8) can potentially operate to invalidate such clauses; and the general assumption is challenged by reference to Australia’s cargo liability regime. This reality could incentivise jurisdictions wanting to uphold such clauses to construe the Hague-Visby Rules uniformly. Despite this, the limits of Art.3(8) should be clarified. In Australia, reform efforts should address this and other issues with arbitration agreements. As Art.3(8) currently stands, parties must consider its potential effects on dispute resolution provisions in sea-carriage documents. 2024 Journal Article http://hdl.handle.net/20.500.11937/96232 https://www.i-law.com/ilaw/doc/view.htm?id=437721 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4841068 Informa Business Intelligence restricted |
| spellingShingle | Herbst, Shane Allison, Simon Breaking the Hague-Visby Rule’s Silence on Choice of Law and Forum Clauses: Article 3 Revisited |
| title | Breaking the Hague-Visby Rule’s Silence on Choice of Law and Forum Clauses: Article 3 Revisited |
| title_full | Breaking the Hague-Visby Rule’s Silence on Choice of Law and Forum Clauses: Article 3 Revisited |
| title_fullStr | Breaking the Hague-Visby Rule’s Silence on Choice of Law and Forum Clauses: Article 3 Revisited |
| title_full_unstemmed | Breaking the Hague-Visby Rule’s Silence on Choice of Law and Forum Clauses: Article 3 Revisited |
| title_short | Breaking the Hague-Visby Rule’s Silence on Choice of Law and Forum Clauses: Article 3 Revisited |
| title_sort | breaking the hague-visby rule’s silence on choice of law and forum clauses: article 3 revisited |
| url | https://www.i-law.com/ilaw/doc/view.htm?id=437721 https://www.i-law.com/ilaw/doc/view.htm?id=437721 http://hdl.handle.net/20.500.11937/96232 |