Himalaya Clause

Himalaya Clause in Maritime Law

Note: There is more information on maritime/admiralty law here.

The following is a definition of Himalaya Clause, produced by Tetley, in the context of admiralty law: [Translation of Himalaya Clause in French: “clause Himalaya”] [Translation of Himalaya Clause in Spanish: “cláusula Himalaya”] [Translation of Himalaya Clause in Italian: “clausola Himalaya”] [Translation of Himalaya Clause in German: “Himalaya-Klausel”] – A clause in a bill of lading (see this maritime law term in this legal dictionary) extending to specified third parties, such as servants or agents of the carrier (see this maritime law term in this legal dictionary) and independent contractors (e.g. stevedores and terminal operators) employed by the carrier, the benefit of the exemptions, limitations, defences and immunities of the carrier under the bill of lading. The name is derived from the decision of the English Court of Appeal in Adler v. Dickson (The Himalaya) [1955] 1 Q.B. 158, [1954] 2 Lloyd’s Rep. 267 (C.A.). (Tetley, M.C.C., 4 Ed., 2008 at pp. 1853-1904.) The “Himalaya clause” is sometimes combined with a “circular indemnity clause” (see (see this legal term in this law dictionary)).The Contracts (Rights of Third Parties) Act 1999, U.K. 1999, c. 31, at sects. 1 and 6(5) to (7), permits a third party to take advantage of a term excluding or limiting liability in a contract for the carriage of goods by sea, thus providing a statutory basis for the Himalaya clause. See Tetley, “The Himalaya Clause revisited” (2003) 9 JIML 40-64; also available on-line at: The Himalaya Clause – revisited

Himalaya Clause in Admiralty Law

For information on himalaya clause in this context, see the entry on himalaya clause in the maritime law encyclopedia.