FIMBank plc v KCH Shipping Co Ltd

FIMBank plc v KCH Shipping Co Ltd

Article III, rule 6 of the Hague-Visby Rules, on its true construction, applies to claims for misdelivery of cargo after discharge, and the time bar runs from delivery or when delivery should have occurred. Clause 2(c) of the Congenbill form does not disapply the Rules or the time bar post-discharge. The appeal is dismissed and the arbitral award is upheld.

Parties
Claimant: FIMBank p.l.c.; Defendant: KCH Shipping Co., Ltd
Jurisdiction
England and Wales
Judgment Date
28 September 2022
Procedural Posture
Arbitration Appeal / Judgment on Appeal Under S.69 Arbitration Act 1996
Outcome
Appeal dismissed
Legal Topics
Hague Visby Rules, Limitation of Liability, Bills of Lading, Misdelivery of Cargo, Time Bar, Contractual Interpretation
Commercial Law Shipping Law Arbitration Hague Visby Rules Limitation of Liability Bills of Lading Misdelivery of Cargo Time Bar +1 more

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Parties

FIMBank p.l.c.

Claimant

KCH Shipping Co., Ltd

Defendant

Procedural Posture

Arbitration Appeal / Judgment on Appeal Under S.69 Arbitration Act 1996

Legal Issues

  1. 1 Does Article III, rule 6 of the Hague-Visby Rules apply to claims for misdelivery of cargo after discharge?
  2. 2 Does clause 2(c) of the Congenbill form disapply the Hague-Visby Rules to the period after discharge?

Ratio Decidendi

Article III, rule 6 of the Hague-Visby Rules, on its true construction, applies to claims for misdelivery of cargo after discharge, and the time bar runs from delivery or when delivery should have occurred. Clause 2(c) of the Congenbill form does not disapply the Rules or the time bar post-discharge. The appeal is dismissed and the arbitral award is upheld.

Court Disposition

Appeal dismissed

Orders

  • The appeal from the Partial Final Award of the Arbitral Tribunal is dismissed.
  • The Hague-Visby Rules time bar applies to claims for misdelivery after discharge.