Recenzija, Prikaz slučaja
Time Bar under Article III, Rule 6 of the Hague Rules and the Hague-Visby Rules in the Light of FIMBank Plc v KCH Shipping Co Ltd
Zoran Tasić
Sažetak
This review examines the issue of the time bar under Article III, Rule 6 of the Hague Rules and the Hague-Visby Rules and the analysis and arguments given in FIMBank Plc v KCH Shipping Co Ltd (“The Giant Ace”). The claimant bank, which was the assignee/pledgee of the bills of lading under English law, claimed damages caused by the carrier’s misdelivery of the cargo
after discharge and commenced arbitration proceedings against the carrier in London. The carrier claimed that the bank’s claim was time-barred as its action was outside the one-year time-bar period under the Hague Rules and the Hague-Visby Rules. The issues before the tribunal and the courts were whether Article III, Rule 6 of the Hague Rules and the Hague-Visby Rules applied to claims for misdelivery of cargo after discharge and whether the terms of the bill of lading set aside the time-bar rule in cases that occur after discharge. The bank argued inter alia that the time-bar rule did not apply to its claim for misdelivery of cargo, which took place after discharge. The bank’s arguments referred to the ordinary meaning and context of Article III, Rule 6, the object and purpose of the said Rule, the travaux préparatoires, English authorities and textbooks. This paper analyses the arguments presented by the
claimant bank and the reasons given by the arbitration tribunal and English courts for not accepting them.
Ključne riječi
Hrčak ID:
353371
URI
Datum izdavanja:
12.11.2026.
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