Lloyd's Maritime and Commercial Law Quarterly

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THE HAGUE-VISBY RULES

Anthony Diamond

Q.C.

We reproduce below, in its entirety, a revised and updated version of the paper presented by Mr. Diamond at the one-day seminar organised by Lloyd’s of London Press Ltd., on The Hague-Visby Rules and the Carriage of Goods by Sea Act 1971. The seminar took place at the London Press Centre on Thursday, Dec. 8, 1977.

It is customary for seminars organised by Lloyd’s of London Press to be devoted to subjects of immense breadth in the fields of shipping or insurance. By an exception to the general rule, the subject on the agenda today, the so-called Visby amendments to The Hague Rules though topical is narrow and even technical in nature. Only the most enthusiastic student of shipping law could claim to experience a thrill of excitement every time he heard some mention of the ancient Swedish town of Visby.1

It seems to me that there are two ways of discussing The Hague-Visby Rules. First, one can look on these Rules as the beginning of a new chapter in the history of the carriage of goods by sea and attempt to place the Rules in their historical, political and legal context. I will begin by considering the Rules in this way as the beginning of a new chapter in the subject, one which could turn out to be of long or of short duration. Secondly, one can, and perhaps should, approach the Rules with the idea in mind that the really important practical objective is to try to ascertain what they mean. Accordingly, when I have completed my brief historical survey, I will pass on to my second task—that of interpretation.

I wish to acknowledge with thanks the assistance I have received from many people in the course of preparing this paper. I owe a particular debt to Professor Erling Chr. Selvig who not only provided me with information as to the legal position in the Scandinavian countries but also was kind enough to read the paper in its original form and to make a number of valuable suggestions. Mr. William Tetley, Q.C., generously made available to me the information he has gathered as to the legislation based on The Hague-Visby Rules enacted in a number of different countries and which is to be incorporated in the forthcoming, 2nd edition of his book, “Marine Cargo Claims.” I am indebted for information or documents to each of the following: Mr. Lloyd Watkins, Secretary and Treasurer of the British Maritime Law Association; Mr. W. R. A. Birch Reynardson; Mr. David Norgrove and Mr. T. G. P. Leech of H.M. Treasury; Miss Nina Frisak of Oslo; Mr. R. E. Beare, Adviser to International Services Group, Lloyd’s (who was also instrumental in obtaining information as to foreign legislation based on the Rules); and Mr. Roy Baker of Lloyd’s of London Press. Finally, Mr. Guy Picarda of the English and French Bars, advised me as to the meaning of the French text of art. IV bis r. 2.

The law is stated as at Feb. 1, 1978.

1 Visby (or Wisby) is the capital of the Swedish island and administrative district (1än) of Gotland in the Baltic Sea. An ancient port, it became in the 13th century the centre of a mercantile association which monopolised the Baltic trade and extended its operations eastward to Novgorod and westward to England. Later the Visby association was absorbed into the Hanseatic League of which Visby became an important member. Visby gave its name to the Laws of Visby, a maritime legal code which may have had its source in the 13th century and which (together with the Laws of Oleron and the Consolato del Mare) are generally known as the Sea Laws; see Sanborn, “Origins of the Early English Maritime and Commercial Law,” 1930, p. 76, and W. S. Holdsworth, “A History of English Law,” vol. 1, 6th edn. (1956) pp. 528 to 529. It was by a happy conceit of the CMI’s sub-committee on bill of lading clauses that the name of Visby became associated with the proposed amendments to The Hague Rules. In their report of March, 1962 (made with a view to the forthcoming CMI Conference in Stockholm in 1963) the sub-committee reported that: “The members were much attracted by a proposal that should the ‘Positive Recommendations’ be adopted … at the 1963 Conference it might be possible for the Chairman of the CMI, the Secretaries General and those members of the CMI who so desire to take the plane from Stockholm to the Island of Gotland in the Baltic (a trip of one hour) and sign the recommendations in the old and beautiful city of Visby. The recommendations would then be known as the Visby Rules, thus forging a link with the Visby Sealaw of Mediaeval times. Perhaps the sense of tradition to which this name appeals might make the innovations of the Sub-Committee easier to accept. The whole set of rules in respect of bills of lading sponsored by the CMI might in this way become known as the ‘Hague/Visby Rules’”; Report of the CMI’s 26th Conference at Stockholm, 1963, p. 104. The above rites were duly performed but the recommendations signed at Visby were later much amended in the course of the diplomatic conference in Brussels in 1967 and 1968.

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