The Himalaya Clause: Conceptual Analysis, Relevance, and Impact

This essay provides a conceptual analysis of the Himalaya Clause, a provision within bills of lading and transportation contracts, crucial in maritime law. Originating from the Adler v Dickson case, the clause extends contractual benefits to third parties, such as agents, employees, and stevedores, who are not directly party to the contract, thereby protecting them from legal action. The analysis delves into the clause's function in preventing shippers from suing these third parties, addressing its conflict with the common law doctrine of privity of contract. The essay further explores the Contracts (Rights of Third Parties) Act 1999 and the Carriage of Goods by Sea Act 1992, which significantly impact the application and interpretation of the Himalaya Clause. It also discusses the role of bills of lading, the functions of the Carriage of Goods by Sea Act, and the relevance of the United Nations Convention on the Carriage of Goods by Sea. The essay highlights the clause's importance in regulating international carriage, providing a uniform legal framework for carriers, shippers, and consignees.

The Himalayan Clause conceptual analysis and why
does it matter

Table of Contents
MAIN BODY...................................................................................................................................3
REFERENCES................................................................................................................................7

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.

general principle associated with the contract. Privity of contract is a relationship or connection
which in turn tends to exist between two or more parties to a contract. Privity is generally
referred to as the mutual successive relation associated with the same right of the property. It
helps in imposing high degree of implications which helps in the imposing of the key obligations
and contract which tends to confer the rights. The doctrine associated with the privity of contract
are the individuals who are the key parties to the contract tends to have the right to be sued or to
sue with respect to the issues which has been arising from the contract agreement. The right in
turn tends to arise out of the key fact that, the contract is very useful in creating key relationship
between the parties to contract and not the third persons. 4 stated that, a third party is considered
to be a person who is not considered to be as the party to the agreement. A third party is
considerer to be as a person who in turn does not execute a contract. The third party in turn does
not have key obligations and rights under a specific contract. The third party within the contract
in turn cannot be sued or sue the parties with the key concerns associated with the contract.
5 sought to establish the fact that, Contracts (Rights of Third Parties) Act 1999 is one of
the most prominent act of the parliament within the United Kingdom. It is very useful in
significantly reforming the various common law linked with the common law and doctrine of
privity. Contracts (Rights of Third Parties) Act 1999 is significant because it helps the third
parties in enforcing various terms of the contract. It helps in benefiting them in some or other
way which helps the contract to perform in a certain specific way. It also helps in granting access
to the various range of remedies in case the terms of the contract are breached. Contracts (Rights
of Third Parties) Act 1999, tends to have come into force in Wales and England. Contracts
(Rights of Third Parties) Act 1999 tends to effectively provide key alternative to the collateral
warranties. It helps in drafting the building of the key contracts, consultant appointment and
various other subcontracts which helps in conferring rights associated with the third parties.
6 sought to establish the fact that, Carriage of goods by sea act 1992 came into existence
on 16th September 1992. Carriage of goods by sea act 1992 UK tends to provide key provisions
4 Corcione, Carlo. Third Party Protection in Shipping. Taylor & Francis, 2019.
5 Zeller, Bruno. "Himalaya v Privity: Protecting Third Parties to Shipping Contracts." Int'l
Trade & Bus. L. Rev. 20 (2017): 33.
6 Todd, Paul. "Arbitration, privity of contract and carriage of goods by sea." In Research
Handbook on Maritime Law and Regulation. Edward Elgar Publishing, 2019.

for the Bills of lading. It also helps in making key provisions associated with the other
documents of the carriage. Carriage of goods by sea act 1992 tends to effectively apply to the
bills of lading, ship's delivery orders and sea waybills. However, a bill of lading must be
negotiable and also helps in creating and receiving a bill called “received for shipment. ” the key
concept associated with the implied contract in turn has been significantly developed within the
Carriage of goods by sea act 1992. There seems to be high degree of significant risk which is
mainly associated with the passing of the risk and passing of the property. The minister
empowered to make necessary key provisions related with this act. The person who in turn tends
to take and often demand delivery associated with the goods. However, that person in turn tends
to become highly subjected to the key liabilities within that contract. As per the views of 7, A bill
of lading is considered to be highly important because it tends to represent the goods which h in
turn tends to have been shipped and has been signed by the master of the ship or agent in order to
create a conclusive evidence of receipt for the shipment. A bill of lading tends to serve three
main functions which in turn mainly comprise of conclusive receipt that the goods have been
loaded, the second main function is that, it tends to contain the terms of the contract associated
with the carriage and serves as the key document of the title to the good. The new provision
associated with the Carriage of goods by sea act 1992 tends to effectively respect the bills of
lading and other significant shipping documents. It is very crucial to identify the key party to
whom the goods has to be delivered. The contract of carriage is mainly linked with the relation to
the bill of lading and sea waybill. As per the rights under the shipping document, an individual
who tends to become the lawful holder linked with the bill of lading, the person who is an
individual to whom the goods has to be delivered and the individual to whom delivery of the
goods where the ship's delivery tends to relate in accordance with the undertaking which has
been contained within the order.
As per the views of 8, The union nation convention associated with the Carriage of goods by sea
act 1992 has been developed in order to effectively regulate the international carriage of goods
by sea within United Kingdom. The United nation convention in turn tends to highly focus on
7 Femandez, Jonatan Echebarria. "Paramount Clause and Codification of International
Shipping Law." Journal of Maritime Law & Commerce 50, no. 1 (2019).
8 Han, Yunfei. "On Knock-for-Knock Principle: Analysis of SUPPLYTIME 2017 Clause 14
(a)." China Oceans L. Rev. (2019): 128.

establishing a uniform legal regime which in turn has been governed by the key authorities.
These union conventions in turn are considered to be highly useful because it helps in governing
the key obligations of the carriers, shippers and consignees under the specific contract related
with the carriage of the goods and services. As per the views of 9, This convention in turn is
considered to be one of the most effective tool because it tends to replace various rules like the
Hague rules, Hamburg rules and Hague Visby rules because it helps in creating and attaining
uniformity within the law. This can be done within the field of maritime carriage. International
carriage is mainly linked with the carriage by using aircraft. This is done by developing an
agreement between the parties. The place of departure and the place of destination is mentioned
within the contractual agreement. The Montreal convention is one of the effective cover because
it helps in setting specific set of rules related with the compensations related with the travel
disruptions, cancellations, delay in flights, denied boarding. The airlines are considered to be
highly liable for the damage which in turn has been caused by the delay within the carriage of
passengers. The transportation of the goods by the sea tends to follow the key provisions which
comply with the key provisions linked with the shipping contracts. The carriage of the goods is
usually carried out by the charter party where the owner of the ship performs his duty in
exchange of specific sum of money. Chartering tends to aim at creating a seaworthy condition
and also effectively maintaining the ship by complying with the contract term.
9 Zemp, Marius. "Evidentials and their pivot in Tibetic and neighboring Himalayan
languages." Functions of Language 27, no. 1 (2020): 29-54.

REFERENCES
Books and Journals
Corcione, Carlo. Third Party Protection in Shipping. Taylor & Francis, 2019.
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.
Femandez, Jonatan Echebarria. "Paramount Clause and Codification of International Shipping
Law." Journal of Maritime Law & Commerce 50, no. 1 (2019).
Han, Yunfei. "On Knock-for-Knock Principle: Analysis of SUPPLYTIME 2017 Clause 14
(a)." China Oceans L. Rev. (2019): 128.
Song, Lijie. "The third parties protection in carriage of goods by sea." PhD diss., University of
Southampton, 2018.
Todd, Paul. "Arbitration, privity of contract and carriage of goods by sea." In Research
Handbook on Maritime Law and Regulation. Edward Elgar Publishing, 2019.
Todd, Paul. "Damages for breach of an arbitration agreement." Journal of Business Law (2018):
404.
Zeller, Bruno. "Himalaya v Privity: Protecting Third Parties to Shipping Contracts." Int'l Trade
& Bus. L. Rev. 20 (2017): 33.
Zemp, Marius. "Evidentials and their pivot in Tibetic and neighboring Himalayan
languages." Functions of Language 27, no. 1 (2020): 29-54.