—Urteilsbesprechung

“Paramount” means “paramount”

Dieser Beitrag ist im englischen Original verfügbar.

In The Alion, the Commercial Court refused to let a carrier rely on contractual terms imposing a shorter time bar than the one-year limit in Article III.6 of the Hague Rules, even though the Rules applied only by contractual incorporation.

Case: Tanga Pharmaceuticals Plastics Limited and others v Emirates Shipping Line FZE [2025] EWHC 368 (Comm), decided by Mr Justice Bright.

The background

The claim arose from a main engine failure on the vessel ALION, which gave rise to claims for a salvage indemnity and particular average. Proceedings were issued within the Hague Rules’ one-year period but were not served for a further year because of difficulties serving the carrier in Dubai.

The carrier’s standard bill of lading terms incorporated the Hague Rules through a clause paramount. The carrier nevertheless applied for summary judgment, relying on two other provisions: a 20-day notification requirement for claims other than loss or damage to goods, and a requirement that suit be “brought” within one year, defined as actually served or jurisdiction obtained.

The decision

1The clause paramount showed that the parties intended the one-year time bar in Article III.6 to prevail over any inconsistent provision.
2Where the Rules apply only by contract the parties can modify them, but clear words are needed to agree a shorter time bar than Article III.6 (MUR Shipping v RTI [2024] UKSC 18).
3The argument that a provision on when suit is “brought” falls outside the anti-repugnancy rule in Article III.8 was rejected.
4The 20-day provision did not apply to the salvage indemnity claim. Following The Thorco Lineage [2023] EWHC 26 (Comm), a maritime lien is a specific kind of damage sustained by the goods themselves.

Our involvement. Neoclis Kleanthous was involved in successfully resisting the carrier’s application for summary judgment in The Alion.

This is a short summary prepared by NAVNEO. The full case note was published by Quadrant Chambers, whose counsel acted for the successful claimants. Read the original case note

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