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| TITLE | Supreme Court Decision 2016Da213237 Decided September 28, 2016【Damages】 [full Text] |
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| Summary | |
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[1] In a case where the so-called “Himalaya Clause” that entitles a sub-contractor, etc. to invoke a carrier’s defense of limitation of liability is indicated on the back of a bill of lading (“B/L”), whether a stevedore, as a sub-contractor, can invoke the right to limit liability applicable to a carrier based on the B/L terms and conditions (affirmative in principle) Whether a stevedore delegated to partially carry out works falling under the carrier’s scope of responsibility according to the B/L, regardless of a direct contractual relationship with a carrier, is included as “any person assisting shipment activity” prescribed under the B/L terms and conditions, and thus, constitutes a sub-contractor (affirmative in principle) [2] In cases of the so-called “surrender bill of lading” (hereinafter “surrender B/L”), a document issued to indicate that the original B/L was collected at the point of origin to allow shipment items to be unloaded at and quickly delivered from the port of discharge to a receiver, whether liability for shipment under the B/L is valid (affirmative in principle) |
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