Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH and Co KG 2024 HCA 4 - 14 February 2024
Country
Year
2024
Summary
Australian Hague Rules - Where arbitration clause in bill of lading provided for resolution of disputes between carrier and shipper by arbitration in London under English law - Where arbitration commenced - Where shipper commenced proceedings in Federal Court of Australia and sought to restrain arbitration - Where carrier sought stay of Federal Court proceedings in favour of arbitration - Where carrier undertook to admit in London arbitration that Australian Hague Rules as applied under Australian law were to apply in arbitration - Where Federal Court made declaration by consent to similar effect - Whether arbitration clause in bill of lading rendered inoperative by Art 3(8) - Whether conduct of arbitration would relieve or lessen carrier's liability - Whether carrier's undertaking and Federal Court's declaration should be taken into account.