Carriage of goods by sea and bills of lading
International conventions
Are the Hague Rules, Hague-Visby Rules, Hamburg Rules or some variation in force and have they been ratified or implemented without ratification? Has your state ratified, accepted, approved or acceded to the UN Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea? When does carriage at sea begin and end for the purpose of application of such rules?
Indian Admiralty courts follow the Hague Rules and the Hague-Visby Rules. However, they are yet not statutorily incorporated or ratified.
Multimodal carriage
Are there Conventions or domestic laws in force in respect of road, rail or air transport that apply to stages of the transport other than by sea under a combined transport or multimodal bill of lading?
The Carriers Act 1965, the Carriage of Goods by Road Act 2007, the Carriage by Air Act 1972 and the Multimodal Transportation of Goods Act 1993 (as amended in 2000) are the laws applicable to the different modes of transport other than sea.
Title to sue
Who has title to sue on a bill of lading?
For a person to sue on the bill of lading (B/L), the title and property should be passed a per section (1) of the Bills of Lading Act 1955. Normally, the consignee or the holder of a B/L duly endorsed is entitled to sue on a B/L.
Charter parties
To what extent can the terms in a charter party be incorporated into the bill of lading? Is a jurisdiction or arbitration clause in a charter party, the terms of which are incorporated in the bill, binding on a third-party holder or endorsee of the bill?
The terms of the charter party can be incorporated in a B/L, including the arbitration clause to the extent that the reading of the same does not lead to an absurd and unworkable situation. But the reference to an arbitration clause has to be a specific reference. If it is specific then the arbitration clause can be incorporated.
Demise and identity of carrier clauses
Is the ‘demise’ clause or identity of carrier clause recognised and binding?
Yes, subject to the contract.
Shipowner liability and defences
Are shipowners liable for cargo damage where they are not the contractual carrier and what defences can they raise against such liability? In particular, can they rely on the terms of the bill of lading even though they are not contractual carriers?
The contract between the shipper and shipowner is under the master B/L. However, a B/L issued by a freight forwarder or a non-vessel operating common carrier (house bill of lading) cannot foist liability on the shipowner. Such a shipowner can use the defence of absence of privity of contract.
Deviation from route
What is the effect of deviation from a vessel’s route on contractual defences?
The effect of deviation from a vessel’s route on contractual defences would depend on the content of the contract.
Liens
What liens can be exercised?
Liens can be exercised on cargo and freight.
Delivery without bill of lading
What liability do carriers incur for delivery of cargo without production of the bill of lading and can they limit such liability?
The shipowner is liable for damages for the loss in delivery and in some cases the entire cost of the assignment.
Shipper responsibilities and liabilities
What are the responsibilities and liabilities of the shipper?
It depends on the nature of the contracts (cost, insurance and freight or free on board).
