Advantages And Disadvantages Of Hague Lisby Rules

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Hamburg Rules 1978:
The Hague Rules and subsequently the Hague Visby Rules are favourable to the carrier and bring the cargo owners in disadvantageous position. Most of the ships owning countries are the developed countries and the cargo owners are from the developing countries. The Hague Rules or the Hague Visby Rules become burdensome on the cargo owners. Again there arose the issue of the double insurance where the cargo owner was carrying insurance for liability which was really that of the shipowners. The difficulties faced by The Hague and Hague-Visby regimes set the international organizations in motion to bring a new convention on the Carriage of goods by sea.
Firstly, the excepted perils mentioned in the Hague Visby …show more content…

Fifthly, the time bar fixed in The Hague and Hague-Visby Rules is very short to raise a claim. Especially for the apparent loss, time bar for giving notice of loss or damage was ‘before or at the time of discharge’ and for no-apparent loss it was three days. Why should there be such a short time bar for actions against the shipowner, especially if he is subject to no such special bar for an action against shipper?
Sixthly, the package or unit limitation was argued being too low for the liability of the shipowner. One can ask more generally why it exists at all; and also, whether it is not too low. It is said to need raising and inflation-proofing.
Seventhly, there is nothing in the Rules about jurisdiction and arbitration clauses and this gives a free rein to carriers to require arbitration and/or litigation in countries convenient to themselves. Of course, a shipper can negotiate with the carrier for arbitration or litigation somewhere else; but the carrier may not always be very receptive to such an amendment of his standard terms.
Eighthly, the burden of proof is different in different countries; and the interpretation of particular clauses varies from country to

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