According to this test, the Convention is applied when the bill of lading is issued in a HCP and the agreed port of discharge is situate in a different state.1 When this test is satisfied, the contract is substantially connected with two different states. The port of lading, which is also usually the place of contracting, is an established contact in French private international law.2 It is also the place where the execution of the contract, including the important operation of stowage, is commenced and often where the parties have a place of business. The port of discharge is also an important contact;3 it is the place in which the contract is substantially performed and in which litigation most often arises.
KeywordsLower Court Berne Convention Brussels Convention Nationality Test Implied Condition
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