Breaking the Hague-Visby Rules’ Silence on Choice of Law and Forum Clauses: Article 3 Revisited

Abstract

It is generally assumed that the Hague-Visby Rules are silent on choice of law and forum clauses. However, the authors identify how article 3(8) can potentially operate to invalidate such clauses and challenge that assumption 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 article 3(8) should be clarified. In Australia, reform efforts should address this and other issues with arbitration agreements. As article 3(8) currently stands, parties must consider its potential effects on dispute resolution provisions in sea-carriage documents.

Keywords: cargo; shipping; carriage of goods by sea; conflict of laws; cargo liability

JEL Classification: K41, K12