CARMICHAEL RAIL NETWORK PTY LTD v BBC CHARTERING CARRIERS GMBH & CO KG (THE “BBC NILE”)

[2025] Lloyd's Rep. Plus 64

HIGH COURT OF AUSTRALIA

Before Chief Justice Gageler , Justice Gordon , Justice Steward , Justice Gleeson and Justice Jagot

Contracts (bills of lading) – Damage to cargo – Carrier's liability – Arbitration clause in bill of lading providing for London arbitration – Whether arbitration clause diminishing carrier's liability for loss or damage to goods otherwise than as provided for in Australian Hague Rules – Whether void under article 3(8) of Australian Hague Rules – Carrier undertaking that Australian Hague Rules to apply in arbitration – Carriage of Goods by Sea Act 1991 (Cth), sections 4, 7, 8 and 9, schedules 1 and 1A, article 3(8) – International Arbitration Act 1974 (Cth), sections 7 and 39.