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Freedom Of Contract And Public Order Relative To The Legal Effect Of The Hague-Visby Rules: Prospects Of English Law And Of French Law

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Chapter Summary

Two decisions of the Paris Court of Appeal (Vessel Lucy [1998] and Vessel Aton [1999]) show the judges hesitating to side with either the direct application of the Hague-Visby Rules or their application according to the applicable foreign law. The plaintiff claimed that the Hamburg Rules applied because Kenya had ratified them and because the Bill of Lading was issued in that country, which was also the place of shipment. The issue of the contractual will in the national field has widely focused on the very delicate question of the scope of application of the Hague-Visby Rules. The study of French and English law demonstrates that French law is without doubt on the path to rejoining English law. The validity of the free in out (FIO) clause depends a priori on the perception regarding the scope of application of the Hague-Visby Rules.

Keywords: English Law; free in out (FIO) clause; French Law; Hague-Visby Rules; Hamburg Rules; Vessel Aton; Vessel Lucy



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