MAIN BODY
1 stated that, The Himalaya clause is considered to be as a clause within the bill of lading
or transportation contract. It is considered to b highly useful because this provision is significant
because it helps in benefit the third party who in turn is not considered to be as the party to the
contract. The Himalaya clause has been originally originated from the case which in turn has
been mentioned in the year 1954. The key jurisdictions which are mainly associated with the
Himalaya clause are martime matters. The key exclusion clause which are mainly linked with the
bill of lading and are highly beneficial for the crew, agents, employees, stevedores, etc. the
Himalaya clause tends to take a name from the decision which has been taken by the English
court of appeal from the case Adler vs Dickson, 1954. Within this case of Adler vs Dickson, the
contract for shipment tends to seek to highly provide contracts for the shipments associated with
the bills or goods of lading. As per the view of 2, The Himalaya clause tends to highly focus on
providing a contractual provision which in turn seeks on providing sub- contractors, servants and
agents within the carrier. It is very useful in providing services to the individual people. It
focuses on providing benefits to the individuals who focuses on providing services for the
completion of the duties. It tends to prevent shippers from carrying out proceeding against the
servants, subcontractors and agents associated with the carrier. The Himalaya clause tends to go
against the key fundamental doctrines associated with the common law and the privity of
contract. This in turn helps in preventing an individual who is not party to a contract in order to
enforce a term. Even though the term’s intention is to bestow the benefit within the third party.
3 investigated that, privity of contract is considered to be as the common law of contract
which is useful in preventing the individuals who are not party to the specific contract in order to
effectively enforce the key terms related with the contract. Privity of contract tends to have
1 Song, Lijie. "The third parties protection in carriage of goods by sea." PhD diss.,
University of Southampton, 2018.
2 Todd, Paul. "Damages for breach of an arbitration agreement." Journal of Business
Law (2018): 404.
3 Dukpa, Rinchu Doma, Deepa Joshi, and Rutgerd Boelens. "Contesting Hydropower dams
in the Eastern Himalaya: The Cultural Politics of Identity, Territory and Self-Governance
Institutions in Sikkim, India." Water 11, no. 3 (2019): 412.

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The Himalayan Clause: Conceptual Analysis and Importance

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