Kuwait Court of Cassation principle number 3

The unloading contractor is a servant of the vessel, and the carrier is liable to the consignee for its faults. The consignee may not have recourse. Against it contractually. The absolute prohibition of recourse by the consignee against the branching contractor; this prohibition extends to recourse by a tort action as an exception to the general rules. Article 42, Maritime Commerce. The reason for this; the applicability of this rule even where the Brussels Convention is applicable. - The Maritime Commerce Law is a general law to which reference is made regarding matters the Bills of Lading Convention omitted to regulate.