chapter
6 Pages

Jurisdiction/arbitration

The Hague Rules and the Amended Hague Rules are silent on jurisdiction and arbitration. As documents of carriage are habitually prepared by the carrier, the carrier generally is given the advantage of choosing a forum for arbitration or litigation which is convenient to itself. That forum is often inconvenient to the shipper which may find itself having to take action in an unfamiliar jurisdiction to seek redress, even though the rules themselves are uniform. The burden of proof and the interpretation of the rules can differ from country to country. The carrier can forum shop to have its bill of lading interpreted by courts of a country giving the most favourable interpretations.