The dilemma for terminal operators under Himalaya protection in China

Abstract

This article aims to discuss Himalaya protection for terminal operators, including stevedores, who are engaged in performing duties for a carrier under Chinese law and practice. It questions whether or not the benefits brought about by the Himalaya clause or the Himalaya protection based upon the relevant statutory provisions can be enjoyed by terminal operators. This article discusses the problems pertaining to Himalaya protection afforded by a contractual agreement or by the statutory provisions in China, by comparing it with international conventions and laws in other jurisdictions, so that suggestions can be made in the article's final conclusion with a view to improving China's legislation and its judicial practice in this respect.