Chapter 9

Tenth Edition (2017)

Carriage of Goods or Passengers in any Ship

As per Arrest conventions (Brussel and geneva) the words 'agreement relating to' the carriage of goods whether by charterparty or otherwise seems to cover all contracts of affreightment with the exclusion of the bareboat charters, viz. time charterparties, trip charters, single and consecutive voyage charterparties, slot charters, tonnage agreements, volume contracts and contracts and contracts of carriage under bills of lading or non-negotiable documents, such as waybills, usually in the liner trade. Claims arising out of any such agreement would seem to include those for any type of breach, and thus also those for loss of or damage to goods. Two problems arise in connection with the wording of this maritime claim. The first is the type of connection that must exist between the agreement and the carriage of goods. The second is whether the agreement must be related to a particular ship or may be related to one or more ships, whether identified or not.

Article 1 of the Brussel Arrest Convention and also of the Geneva Arrest Convention deals with agreement relating to the carriage of goods or passengers on board the ship whether by charterparty or otherwise being a maritime claim although the conventions has not been adopted by legislation, the principles incorporated are applicable as per Supreme Court of India judgments to invoke admiralty jurisdiction for ship arrest in India.
BCAS: 7103-1001