Package limitation of container cargo reconsidered

IN BRIEF - PARTIES DISAGREE OVER PACKAGE LIMITATION UNDER HAGUE AND HAGUE-VISBY RULES

The recent decision in the English High Court in Kyokuyo v AP Moller Maersk [2017] EWHC 654 (Comm.) concerned the proper construction of the Hague-Visby Rules in the context of the per package and unit limitation provisions contained in Article IV. It also considered (and rejected) aspects of the 2004 decision of the Full Court of the Federal Court of Australia in El Greco (Australia) Pty Ltd v Mediterranean Shipping Co SA [2004] FCAFC 202.

SEA WAYBILLS ISSUED FOR CONTAINERS LOADED WITH FROZEN TUNA, INCLUDING REPLACEMENT CONTAINER, FOLLOWING DELAY

The claimant, Kyokuyo, was the receiver of three container loads of frozen tuna that were shipped from Cartagena in Spain by sea carriage by Maersk to Japan. The cargo consisted of frozen Bluefin tuna loins, each weighing between 25kg and 75kg, as well as bags of frozen Bluefin tuna parts, each bag weighing about 20kg.