Bulk Cargo Limitation of Liability: The Aftermath of ‘The Aqasia’

Irwin Ooi Ui Joo

2018

Abstract

This paper provides a critique of the law on limitation of liability for the carriage of goods by sea of bulk cargo. The 'unit' for determining the limit of liability for bulk cargo has been the subject of controversy under cargo regimes such as the Hague Rules. Famous texts such as Scrutton on Charterparties and Bills of Lading have adopted a legal position. This was followed by the obiter views of Evans J in The Aramis more than three decades ago. The matter arose once again before the High Court (QBD, Commercial Division) in The AQAsia in 2016. The appeal was considered by the Court of Appeal in 2018 and published recently. The outcome has not been helpful to the shipping industry as the Court of Appeal confirmed the decision of Sir Jeremy Cooke by concluding that the 'unit' in the cargo regime, did not apply to bulk cargo. This paper examines the basis of the Court of Appeal's decision and attempts to make useful suggestions that can be implemented in contracts of carriage in the aftermath of the appellate decision.

Paper Citation

in Harvard Style

Joo I. (2018). Bulk Cargo Limitation of Liability: The Aftermath of ‘The Aqasia’.In Proceedings of the International Law Conference - Volume 1: i-NLAC, ISBN 978-989-758-482-4, pages 379-384. DOI: 10.5220/0010052103790384

in Bibtex Style

@conference{i-nlac18,
author={Irwin Ooi Ui Joo},
title={Bulk Cargo Limitation of Liability: The Aftermath of ‘The Aqasia’},
booktitle={Proceedings of the International Law Conference - Volume 1: i-NLAC,},
year={2018},
pages={379-384},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010052103790384},
isbn={978-989-758-482-4},
}

in EndNote Style

TY - CONF

JO - Proceedings of the International Law Conference - Volume 1: i-NLAC,
TI - Bulk Cargo Limitation of Liability: The Aftermath of ‘The Aqasia’
SN - 978-989-758-482-4
AU - Joo I.
PY - 2018
SP - 379
EP - 384
DO - 10.5220/0010052103790384