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

[2023] Lloyd's Rep. Plus 23

FEDERAL COURT OF AUSTRALIA

Before Justice Rares , Justice SC Derrington and Justice Stewart

Contracts of carriage – Bill of lading – Carriage of cargo of steel rails between ports in different Australian states – Carrier commencing London arbitration on LMAA terms – Bill of lading containing clause paramount, choice of law clause and jurisdiction clause – Effect of foreign choice of law and jurisdiction clauses in respect of inter-state carriage – Anti-suit injunction – Stay – FIOST clauses – Australian amended Hague Rules – Carriage of Goods by Sea Act 1991 (Cth), sections 10(1)(b)(ii), 11(2) and article 3(8) of schedule 1A.