Congenbill ‘Paramount Clause' – Hague or Hague / Visby Rules?

In Yemgas FZCO & Ors v Superior Pescadores SA [2016] EWCA Civ 101, the Court of Appeal considered whether the standard 'Paramount Clause' wording in the Congenbill incorporates the Hague Rules 1924 (the "HR") or the Hague/Visby Rules (the "HVR").

The 'Paramount Clause' set out on the reverse side of the bills of ladings in the present case provided that "The Hague Rules contained in the International Convention for Unification of certain rules relating to Bills of Lading, dated Brussels the 25th August 1924 as enacted in the country of shipment shall apply to this contract..."

The wording, with one immaterial change, was therefore identical to the wording included in the Congenbill.