Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co. KG (The BBC Nile) [2022] FCAFC 171

A recent Federal Court of Australia decision has confirmed that it is possible to exclude the jurisdiction of an Australian Court for disputes arising out of bills of lading for interstate carriage.

In The BBC Nile, the Full Court of the Federal Court of Australia determined that the effect of section 11 of the Carriage of Goods by Sea Act 1991 (Cth) (COGSA), which renders ineffective foreign jurisdiction clauses in sea carriage documents, does not apply to interstate carriage of goods.

Marine + Transport partners Aisha Lala and Naraya Lamart and senior associate Justin Khouri explain the implications of this decision for Australian shippers and their insurers.