2016年2月24日，英国上诉法院商事庭对The Superior Pescadores [2016] Civ 101 (Comm)案作出判决，该货物运输航次，共涉及6套提单，2008年1月从比利时安特卫普开往也门，航行途中船上货物受损。
提单包含以下首要条款：
The Hague Rules contained in the International Convention for the Unification of certain rules relating to Bills of Lading, dated Brussels the 25th August 1924 as enacted in the country of shipment shall apply to this contract. When no such enactment is in force in the country of shipment, the corresponding legislation of the country of destination shall apply, but in respect of shipments to which no such enactments are compulsorily applicable, the terms of the said Convention shall apply.
详细信息请参阅附件。
Clause paramount and effect of Package Limitation for cargo damage
In the recent case in Court of Appeal in England, The Superior Pescadores [2016] Civ 101 (Comm), 24 Feb 2016, involving a shipment of cargo under six bills of lading which suffered damage on board the vessel during its voyage from Antwerp, Belgium to Yemen in January 2008 was heard from an appeal from the Commercial court
The bill of lading contained the following Paramount clause:
“The Hague Rules contained in the International Convention for the Unification of certain rules relating to Bills of Lading, dated Brussels the 25th August 1924 as enacted in the country of shipment shall apply to this contract. When no such enactment is in force in the country of shipment, the corresponding legislation of the country of destination shall apply, but in respect of shipments to which no such enactments are compulsorily applicable, the terms of the said Convention shall apply.”
See attached file: ALCO20160004 Clause Paramount and Effect of Package Limitation for Cargo Damage.pdf
