-
Essay / Advantages and disadvantages of the Hague Lisby Rules
Fifth, the time limit set in the Hague and Hague-Visby Rules is very short for submitting a claim. Particularly for apparent losses, the limitation period for notifying loss or damage was “before or at the time of unloading” and for non-apparent losses it was three days. Why should there be such a short limitation period for actions against the shipowner, especially if there is no special limitation period for action against the shipper? Sixth, it was argued that the limitation of the package or unit was too low to create liability for the shipowner. We can ask more generally why it exists; and also, if it is not too low. They say it must be raised and protected against inflation. Seventh, there is nothing in the Regulations regarding jurisdiction and arbitration clauses, giving carriers carte blanche to require arbitration and/or litigation in countries that suit them. Of course, a shipper can negotiate with the carrier for arbitration or litigation elsewhere; but the carrier is not always very receptive to such a change in its general conditions. Eighth, the burden of proof differs between countries; and the interpretation of certain clauses varies from one country to another.