THE STATES PARTIES TO THIS
CONVENTION,
HAVING RECOGNIZED the
desirability of determining by
agreement certain rules relating
to the carriage of goods by sea,
HAVE DECIDED to conclude a
Convention for this purpose and
have thereto agreed as follows:
PART I
GENERAL PROVISIONS
Article 1
Definitions
In this Convention:
1. "Carrier" means any person
by whom or in whose name a
contract of carriage of goods by
sea has been concluded with a
shipper.
2. "Actual carrier" means any
person to whom the
performance of the carriage of
the goods, or of part of the
carriage, has been entrusted by
the carrier, and includes any
other person to whom such
performance has been
entrusted.
3. "Shipper" means any person
by whom or in whose name or
on whose behalf a contract of
carriage of goods by sea has
been concluded with a carrier,
or any person by whom or in
whose name or on whose behalf
the goods are actually delivered
to the carrier in relation to the
contract of carriage by sea.
4. "Consignee" means the
person entitled to take delivery
of the goods.
5. "Goods" includes live animals;
where the goods are
consolidated in a container,
pallet or similar article of
transport or where they are
packed, "goods" includes such
article of transport or packaging
if supplied by the shipper.
6. "Contract of carriage by sea"
means any contract whereby the
carrier undertakes against
payment of freight to carry
goods by sea from one port to
another; however, a contract
which involves carriage by sea
and also carriage by some other
means is deemed to be a
contract of carriage by sea for
the purposes of this Convention
only in so far as it relates to the
carriage by sea.
7. "Bill of lading" means a
document which evidences a
contract of carriage by sea and
the taking over or loading of the
goods by the carrier, and by
which the carrier undertakes to
deliver the goods against
surrender of the document. A
provision in the document that
the goods are to be delivered to
the order of a named person, or
to order, or to bearer,
constitutes such an undertaking.
8. "Writing" includes, inter alia,
telegram and telex.
Article 2
Scope of application
1. The provisions of this
Convention are applicable to all
contracts of carriage by sea
between two different States, if:
(a) the port of loading as
provided for in the contract of
carriage by sea is located in a
Contracting State, or
(b) the port of discharge as
provided for in the contract of
carriage by sea is located in a
Contracting State, or
(c) one of the optional ports of
discharge provided for in the
contract of carriage by sea is the
actual port of discharge and
such port is located in a
Contracting State, or
(d) the bill of lading or other
document evidencing the
contract of carriage by sea is
issued in a Contracting State, or
(e) the bill of lading or other
document evidencing the
contract of carriage by sea
provides that the provisions of
this Convention or the legislation
of any State giving effect to them
are to govern the contract.
2. The provisions of this
Convention are applicable
without regard to the nationality
of the ship, the carrier, the
actual carrier, the shipper, the
consignee or any other
interested person.
3. The provisions of this
Convention are not applicable to
charter-parties. However, where
a bill of lading is issued pursuant
to a charter-party, the provisions
of the Convention apply to such
a bill of lading if it governs the
relation between the carrier and
the holder of the bill of lading,
not being the charterer.
4. If a contract provides for
future carriage of goods in a
series of shipments during an
agreed period, the provisions of
this Convention apply to each
shipment. However, where a
shipment is made under a
charter-party, the provisions of
paragraph 3 of this article apply.
Article 3
Interpretation of the Convention
In the interpretation and
application of the provisions of
this Convention regard shall be
had to its international character
and to the need to promote
uniformity.
PART II
LIABILITY OF THE CARRIER
Article 4
Period of responsibility
1. The responsibility of the
carrier for the goods under this
Convention covers the period
during which the carrier is in
charge of the goods at the port
of loading, during the carriage
and at the port of discharge.
2. For the purpose of paragraph
1 of this article, the carrier is
deemed to be in charge of the
goods
(a) from the time he has taken
over the goods from:
(i) the shipper, or a person
acting on his behalf; or
(ii) an authority or other third
party to whom, pursuant to law
or regulations applicable at the
port of loading, the goods must
be handed over for shipment;
(b) until the time he has
delivered the goods:
(i) by handing over the goods to
the consignee; or
(ii) in cases where the consignee
does not receive the goods from
the carrier, by placing them at
the disposal of the consignee in
accordance with the contract or
with the law or with the usage of
the particular trade, applicable
at the port of discharge; or
(iii) by handing over the goods to
an authority or other third party
to whom, pursuant to law or
regulations applicable at the port
of discharge, the goods must be
handed over.
3. In paragraphs 1 and 2 of this
article, reference to the carrier
or to the consignee means, in
addition to the carrier or the
consignee, the servants or
agents, respectively of the carrier
or the consignee.
Article 5
Basis of liability
1. The carrier is liable for loss
resulting from loss of or damage
to the goods, as well as from
delay in delivery, if the
occurrence which caused the
loss, damage or delay took place
while the goods were in his
charge as defined in article 4,
unless the carrier proves that he,
his servants or agents took all
measures that could reasonably
be required to avoid the
occurrence and its
consequences.
2. Delay in delivery occurs when
the goods have not been
delivered at the port of
discharge provided for in the
contract of carriage by sea within
the time expressly agreed upon
or, in the absence of such
agreement, within the time which
it would be reasonable to
require of a diligent carrier,
having regard to the
circumstances of the case.
3. The person entitled to make a
claim for the loss of goods may
treat the goods as lost if they
have not been delivered as
required by article 4 within 60
consecutive days following the
expiry of the time for delivery
according to paragraph 2 of this
article.
4. (a) The carrier is liable
(i) for loss of or damage to the
goods or delay in delivery caused
by fire, if the claimant proves
that the fire arose from fault or
neglect on the part of the
carrier, his servants or agents;
(ii) for such loss, damage or
delay in delivery which is proved
by the claimant to have resulted
from the fault or neglect of the
carrier, his servants or agents, in
taking all measures that could
reasonably be required to put
out the fire and avoid or mitigate
its consequences.
(b) In case of fire on board the
ship affecting the goods, if the
claimant or the carrier so desires,
a survey in accordance with
shipping practices must be held
into the cause and circumstances
of the fire, and a copy of the
surveyor's report shall be made
available on demand to the
carrier and the claimant.
5. With respect to live animals,
the carrier is not liable for loss,
damage or delay in delivery
resulting from any special risks
inherent in that kind of carriage.
If the carrier proves that he has
complied with any special
instructions given to him by the
shipper respecting the animals
and that, in the circumstances of
the case, the loss, damage or
delay in delivery could be
attributed to such risks, it is
presumed that the loss, damage
or delay in delivery was so
caused, unless there is proof that
all or a part of the loss, damage
or delay in delivery resulted from
fault or neglect on the part of
the carrier, his servants or
agents.
6. The carrier is not liable, except
in general average, where loss,
damage or delay in delivery
resulted from measures to save
life or from reasonable measures
to save property at sea.
7. Where fault or neglect on the
part of the carrier, his servants
or agents combines with another
cause to produce loss, damage
or delay in delivery the carrier is
liable only to the extent that the
loss, damage or delay in delivery
is attributable to such fault or
neglect, provided that the carrier
proves the amount of the loss,
damage or delay in delivery not
attributable thereto.
Article 6
Limits of liability
1. (a) The liability of the carrier
for loss resulting from loss of or
damage to goods according to
the provisions of article 5 is
limited to an amount equivalent
to 835 units of account per
package or other shipping unit
or 2.5 units of account per
kilogramme of gross weight of
the goods lost or damaged,
whichever is the higher.
(b) The liability of the carrier for
delay in delivery according to the
provisions of article 5 is limited to
an amount equivalent to two
and a half times the freight
payable for the goods delayed,
but not exceeding the total
freight payable under the
contract of carriage of goods by
sea.
(c) In no case shall the aggregate
liability of the carrier, under both
subparagraphs (a) and (b) of this
paragraph, exceed the limitation
which would be established
under subparagraph (a) of this
paragraph for total loss of the
goods with respect to which such
liability was incurred.
2. For the purpose of calculating
which amount is the higher in
accordance with paragraph 1(a)
of this article, the following rules
apply:
(a) Where a container, pallet or
similar article of transport is used
to consolidate goods, the
package or other shipping units
enumerated in the bill of lading,
if issued, or otherwise in any
other document evidencing the
contract of carriage by sea, as
packed in such article of
transport are deemed packages
or shipping units. Except as
aforesaid the goods in such
article of transport are deemed
one shipping unit.
(b) In cases where the article of
transport itself has been lost or
damaged, that article of
transport, if not owned or
otherwise supplied by the carrier,
is considered one separate
shipping unit.
3. Unit of account means the
unit of account mentioned in
article 26.
4. By agreement between the
carrier and the shipper, limits of
liability exceeding those provided
for in paragraph 1 may be fixed.
Article 7
Application to non-contractual
claims
1. The defences and limits of
liability provided for in this
Convention apply in any action
against the carrier in respect of
loss or damage to the goods
covered by the contract of
carriage by sea, as well as of
delay in delivery whether the
action is founded in contract, in
tort or otherwise.
2. If such an action is brought
against a servant or agent of the
carrier, such servant or agent, if
he proves that he acted within
the scope of his employment, is
entitled to avail himself of the
defences and limits of liability
which the carrier is entitled to
invoke under this Convention.
3. Except as provided in article 8,
the aggregate of the amounts
recoverable from the carrier and
from any persons referred to in
paragraph 2 of this article shall
not exceed the limits of liability
provided for in this Convention.
Article 8
Loss of right to limit responsibility
1. The carrier is not entitled to
the benefit of the limitation of
liability provided for in article 6 if
it is proved that the loss, damage
or delay in delivery resulted from
an act or omission of the carrier
done with the intent to cause
such loss, damage or delay, or
recklessly and with knowledge
that such loss, damage or delay
would probably result.
2. Notwithstanding the provisions
of paragraph 2 of article 7, a
servant or agent of the carrier is
not entitled to the benefit of the
limitation of liability provided for
in article 6 if it is proved that the
loss, damage or delay in delivery
resulted from an act or omission
of such servant or agent, done
with the intent to cause such
loss, damage or delay, or
recklessly and with knowledge
that such loss, damage or delay
would probably result.
Article 9
Deck cargo
1. The carrier is entitled to carry
the goods on deck only if such
carriage is in accordance with an
agreement with the shipper or
with the usage of the particular
trade or is required by statutory
rules or regulations.
2. If the carrier and the shipper
have agreed that the goods shall
or may be carried on deck, the
carrier must insert in the bill of
lading or other document
evidencing the contract of
carriage by sea a statement to
that effect. In the absence of
such a statement the carrier has
the burden of proving that an
agreement for carriage on deck
has been entered into; however,
the carrier is not entitled to
invoke such an agreement
against a third party, including a
consignee, who has acquired the
bill of lading in good faith.
3. Where the goods have been
carried on deck contrary to the
provisions of paragraph 1 of this
article or where the carrier may
not under paragraph 2 of this
article invoke an agreement for
carriage on deck, the carrier,
notwithstanding the provisions of
paragraph 1 of article 5, is liable
for loss of or damage to the
goods, as well as for delay in
delivery, resulting solely from the
carriage on deck, and the extent
of his liability is to be determined
in accordance with the provisions
of article 6 or article 8 of this
Convention, as the case may be.
4. Carriage of goods on deck
contrary to express agreement
for carriage under deck is
deemed to be an act or omission
of the carrier within the meaning
of article 8.
Article 10
Liability of the carrier and actual
carrier
1. Where the performance of
the carriage or part thereof has
been entrusted to an actual
carrier, whether or not in
pursuance of a liberty under the
contract of carriage by sea to do
so, the carrier nevertheless
remains responsible for the
entire carriage according to the
provisions of this Convention.
The carrier is responsible, in
relation to the carriage
performed by the actual carrier,
for the acts and omissions of the
actual carrier and of his servants
and agents acting within the
scope of their employment.
2. All the provisions of this
Convention governing the
responsibility of the carrier also
apply to the responsibility of the
actual carrier for the carriage
performed by him. The
provisions of paragraphs 2 and 3
of article 7 and of paragraph 2
of article 8 apply if an action is
brought against a servant or
agent of the actual carrier.
3. Any special agreement under
which the carrier assumes
obligations not imposed by this
Convention or waives rights
conferred by this Convention
affects the actual carrier only if
agreed to by him expressly and
in writing. Whether or not the
actual carrier has so agreed, the
carrier nevertheless remains
bound by the obligations or
waivers resulting from such
special agreement.
4. Where and to the extent that
both the carrier and the actual
carrier are liable, their liability is
joint and several.
5. The aggregate of the amounts
recoverable from the carrier, the
actual carrier and their servants
and agents shall not exceed the
limits of liability provided for in
this Convention.
6. Nothing in this article shall
prejudice any right of recourse
as between the carrier and the
actual carrier.
Article 11
Through carriage
1. Notwithstanding the provisions
of paragraph 1 of article 10,
where a contract of carriage by
sea provides explicitly that a
specified part of the carriage
covered by the said contract is to
be performed by a named
person other than the carrier,
the contract may also provide
that the carrier is not liable for
loss, damage or delay in delivery
caused by an occurrence which
takes place while the goods are
in the charge of the actual
carrier during such part of the
carriage. Nevertheless, any
stipulation limiting or excluding
such liability is without effect if
no judicial proceedings can be
instituted against the actual
carrier in a court competent
under paragraph 1 or 2 of article
21. The burden of proving that
any loss, damage or delay in
delivery has been caused by such
an occurrence rests upon the
carrier.
2. The actual carrier is
responsible in accordance with
the provisions of paragraph 2 of
article 10 for loss, damage or
delay in delivery caused by an
occurrence which takes place
while the goods are in his
charge.
PART III
LIABILITY OF THE SHIPPER
Article 12
General rule
The shipper is not liable for loss
sustained by the carrier or the
actual carrier, or for damage
sustained by the ship, unless
such loss or damage was caused
by the fault or neglect of the
shipper, his servants or agents.
Nor is any servant or agent of
the shipper liable for such loss
or damage unless the loss or
damage was caused by fault or
neglect on his part.
Article 13
Special rules on dangerous
goods
1. The shipper must mark or
label in a suitable manner
dangerous goods as dangerous.
2. Where the shipper hands over
dangerous goods to the carrier
or an actual carrier, as the case
may be, the shipper must inform
him of the dangerous character
of the goods and, if necessary, of
the precautions to be taken. If
the shipper fails to do so and
such carrier or actual carrier
does not otherwise have
knowledge of their dangerous
character:
(a) the shipper is liable to the
carrier and any actual carrier for
the loss resulting from the
shipment of such goods, and
(b) the goods may at any time be
unloaded, destroyed or
rendered innocuous, as the
circumstances may require,
without payment of
compensation.
3. The provisions of paragraph 2
of this article may not be
invoked by any person if during
the carriage he has taken the
goods in his charge with
knowledge of their dangerous
character.
4. If, in cases where the
provisions of paragraph 2,
subparagraph (b), of this article
do not apply or may not be
invoked, dangerous goods
become an actual danger to life
or property, they may be
unloaded, destroyed or
rendered innocuous, as the
circumstances may require,
without payment of
compensation except where
there is an obligation to
contribute in general average or
where the carrier is liable in
accordance with the provisions
of article 5.
PART IV
TRANSPORT DOCUMENTS
Article 14
Issue of bill of lading
1. When the carrier or the actual
carrier takes the goods in his
charge, the carrier must, on
demand of the shipper, issue to
the shipper a bill of lading.
2. The bill of lading may be
signed by a person having
authority from the carrier. A bill
of lading signed by the master of
the ship carrying the goods is
deemed to have been signed on
behalf of the carrier.
3. The signature on the bill of
lading may be in handwriting,
printed in facsimile, perforated,
stamped, in symbols, or made by
an other mechanical or
electronic means, if not
inconsistent with the law of the
country where the bill of lading
is issued.
Article 15
Contents of bill of lading
1. The bill of lading must
include, inter alia, the following
particulars:
(a) the general nature of the
goods, the leading marks
necessary for identification of the
goods, an express statement, if
applicable, as to the dangerous
character of the goods, the
number of packages or pieces,
and the weight of the goods or
their quantity otherwise
expressed, all such particulars as
furnished by the shipper;
(b) the apparent condition of the
goods;
(c) the name and principal place
of business of the carrier;
(d) the name of the shipper;
(e) the consignee if named by
the shipper;
(f) the port of loading under the
contract of carriage by sea and
the date on which the goods
were taken over by the carrier at
the port of loading;
(g) the port of discharge under
the contract of carriage by sea;
(h) the number of originals of
the bill of lading, if more than
one;
(i) the place of issuance of the
bill of lading;
(j) the signature of the carrier or
a person acting on his behalf;
(k) the freight to the extent
payable by the consignee or
other indication that freight is
payable by him;
(l) the statement referred to in
paragraph 3 of article 23;
(m) the statement, if applicable,
that the goods shall or may be
carried on deck;
(n) the date or the period of
delivery of the goods at the port
of discharge if expressly agreed
upon between the parties; and
(o) any increased limit or limits of
liability where agreed in
accordance with paragraph 4 of
article 6.
2. After the goods have been
loaded on board, if the shipper
so demands, the carrier must
issue to the shipper a "shipped"
bill of lading which, in addition
to the particulars required under
paragraph 1 of this article, must
state that the goods are on
board a named ship or ships,
and the date or dates of loading.
If the carrier has previously
issued to the shipper a bill of
lading or other document of title
with resect to any of such goods,
on request of the carrier, the
shipper must surrender such
document in exchange for a
"shipped" bill of lading. The
carrier may amend any
previously issued document in
order to meet the shipper's
demand for a "shipped" bill of
lading if, as amended, such
document includes all the
information required to be
contained in a "shipped" bill of
lading.
3. The absence in the bill of
lading of one or more particulars
referred to in this article does
not affect the legal character of
the document as a bill of lading
provided that it nevertheless
meets the requirements set out
in paragraph 7 of article 1.
Article 16
Bills of lading: reservations and
evidentiary effect
1. If the bill of lading contains
particulars concerning the
general nature, leading marks,
number of packages or pieces,
weight or quantity of the goods
which the carrier or other
person issuing the bill of lading
on his behalf knows or has
reasonable grounds to suspect
do not accurately represent the
goods actually taken over or,
where a "shipped" bill of lading
is issued, loaded, or if he had no
reasonable means of checking
such particulars, the carrier or
such other person must insert in
the bill of lading a reservation
specifying these inaccuracies,
grounds of suspicion or the
absence of reasonable means of
checking.
2. If the carrier or other person
issuing the bill of lading on his
behalf fails to note on the bill of
lading the apparent condition of
the goods, he is deemed to have
noted on the bill of lading that
the goods were in apparent
good condition.
3. Except for particulars in
respect of which and to the
extent to which a reservation
permitted under paragraph 1 of
this article has been entered:
(a) the bill of lading is prima
facie evidence of the taking over
or, where a "shipped" bill of
lading is issued, loading, by the
carrier of the goods as described
in the bill of lading; and
(b) proof to the contrary by the
carrier is not admissible if the bill
of lading has been transferred to
a third party, including a
consignee, who in good faith has
acted in reliance on the
description of the goods therein.
4. A bill of lading which does
not, as provided in paragraph 1,
subparagraph (k) of article 15,
set forth the freight or otherwise
indicate that freight is payable by
the consignee or does not set
forth demurrage incurred at the
port of loading payable by the
consignee, is prima facie
evidence that no freight or such
demurrage is payable by him.
However, proof to the contrary
by the carrier is not admissible
when the bill of lading has been
transferred to a third party,
including a consignee, who in
good faith has acted in reliance
on the absence in the bill of
lading of any such indication.
Article 17
Guarantees by the shipper
1. The shipper is deemed to have
guaranteed to the carrier the
accuracy of particulars relating
to the general nature of the
goods, their marks, number,
weight and quantity as furnished
by him for insertion in the bill of
lading. The shipper must
indemnify the carrier against the
loss resulting from inaccuracies
in such particulars. The shipper
remains liable even if the bill of
lading has been transferred by
him. The right of the carrier to
such indemnity in no way limits
his liability under the contract of
carriage by sea to any person
other than the shipper.
2. Any letter of guarantee or
agreement by which the shipper
undertakes to indemnify the
carrier against loss resulting from
the issuance of the bill of lading
by the carrier, or by a person
acting on his behalf, without
entering a reservation relating to
particulars furnished by the
shipper for insertion in the bill of
lading, or to the apparent
condition of the goods, is void
and of no effect as against any
third party, including a
consignee, to whom the bill of
lading has been transferred.
3. Such letter of guarantee or
agreement is valid as against the
shipper unless the carrier or the
person acting on his behalf, by
omitting the reservation referred
to in paragraph 2 of this article,
intends to defraud a third party,
including a consignee, who acts
in reliance on the description of
the goods in the bill of lading. In
the latter case, if the reservation
omitted relates to particulars
furnished by the shipper for
insertion in the bill of lading, the
carrier has no right of indemnity
from the shipper pursuant to
paragraph 1 of this article.
4. In the case of intended fraud
referred to in paragraph 3 of this
article the carrier is liable,
without the benefit of the
limitation of liability provided for
in this Convention, for the loss
incurred by a third party,
including a consignee, because
he has acted in reliance on the
description of the goods in the
bill of lading.
Article 18
Documents other than bills of
lading
Where a carrier issues a
document other than a bill of
lading to evidence the receipt of
the goods to be carried, such a
document is prima facie evidence
of the conclusion of the contract
of carriage by sea and the taking
over by the carrier of the goods
as therein described.
PART V
CLAIMS AND ACTIONS
Article 19
Notice of loss, damage or delay
1. Unless notice of loss or
damage, specifying the general
nature of such loss or damage, is
given in writing by the consignee
to the carrier not later than the
working day after the day when
the goods were handed over to
the consignee, such handing
over is prima facie evidence of
the delivery by the carrier of the
goods as described in the
document of transport or, if no
such document has been issued,
in good condition.
2. Where the loss or damage is
not apparent, the provisions of
paragraph 1 of this article apply
correspondingly if notice in
writing is not given within 15
consecutive days after the day
when the goods were handed
over to the consignee.
3. If the state of the goods at the
time they were handed over to
the consignee has been the
subject of a joint survey or
inspection by the parties, notice
in writing need not be given of
loss or damage ascertained
during such survey or inspection.
4. In the case of any actual or
apprehended loss or damage the
carrier and the consignee must
give all reasonable facilities to
each other for inspecting and
tallying the goods.
5. No compensation shall be
payable for loss resulting from
delay in delivery unless a notice
has been given in writing to the
carrier within 60 consecutive days
after the day when the goods
were handed over to the
consignee.
6. If the goods have been
delivered by an actual carrier,
any notice given under this
article to him shall have the
same effect as if it had been
given to the carrier, and any
notice given to the carrier shall
have effect as if given to such
actual carrier.
7. Unless notice of loss or
damage, specifying the general
nature of the loss or damage, is
given in writing by the carrier or
actual carrier to the shipper not
later than 90 consecutive days
after the occurrence of such loss
or damage or after the delivery
of the goods in accordance with
paragraph 2 of article 4,
whichever is later, the failure to
give such notice is prima facie
evidence that the carrier or the
actual carrier has sustained no
loss or damage due to the fault
or neglect of the shipper, his
servants or agents.
8. For the purpose of this article,
notice given to a person acting
on the carrier's or the actual
carrier's behalf, including the
master or the officer in charge of
the ship, or to a person acting
on the shipper's behalf is
deemed to have been given to
the carrier, to the actual carrier
or to the shipper, respectively.
Article 20
Limitation of actions
1. Any action relating to carriage
of goods under this Convention
is time-barred if judicial or
arbitral proceedings have not
been instituted within a period of
two years.
2. The limitation period
commences on the day on which
the carrier has delivered the
goods or part thereof or, in
cases where no goods have been
delivered, on the last day on
which the goods should have
been delivered.
3. The day on which the
limitation period commences is
not included in the period.
4. The person against whom a
claim is made may at any time
during the running of the
limitation period extend that
period by a declaration in writing
to the claimant. This period may
be further extended by another
declaration or declarations.
5. An action for indemnity by a
person held liable may be
instituted even after the
expiration of the limitation
period provided for in the
preceding paragraphs if
instituted within the time allowed
by the law of the State where
proceedings are instituted.
However, the time allowed shall
not be less than 90 days
commencing from the day when
the person instituting such action
for indemnity has settled the
claim or has been served with
process in the action against
himself.
Article 21
Jurisdiction
1. In judicial proceedings relating
to carriage of goods under this
Convention the plaintiff, at his
option, may institute an action in
a court which, according to the
law of the State where the court
is situated, is competent and
within the jurisdiction of which is
situated one of the following
places:
(a) the principal place of
business or, in the absence
thereof, the habitual residence
of the defendant; or
(b) the place where the contract
was made provided that the
defendant has there a place of
business, branch or agency
through which the contract was
made; or
(c) the port of loading or the
port of discharge; or
(d) any additional place
designated for that purpose in
the contract of carriage by sea.
2. (a) Notwithstanding the
preceding provisions of this
article, an action may be
instituted in the courts of any
port or place in a Contracting
State at which the carrying vessel
or any other vessel of the same
ownership may have been
arrested in accordance with
applicable rules of the law of
that State and of international
law. However, in such a case, at
the petition of the defendant,
the claimant must remove the
action, at his choice, to one of
the jurisdictions referred to in
paragraph 1 of this article for
the determination of the claim,
but before such removal the
defendant must furnish security
sufficient to ensure payment of
any judgement that may
subsequently be awarded to the
claimant in the action.
(b) All questions relating to the
sufficiency or otherwise of the
security shall be determined by
the court of the port or place of
the arrest.
3. No judicial proceedings
relating to carriage of goods
under this Convention may be
instituted in a place not specified
in paragraph 1 or 2 of this
article. The provisions of this
paragraph do not constitute an
obstacle to the jurisdiction of the
Contracting States for provisional
or protective measures.
4. (a) Where an action has been
instituted in a court competent
under paragraph 1 or 2 of this
article or where judgement has
been delivered by such a court,
no new action may be started
between the same parties on the
same grounds unless the
judgement of the court before
which the first action was
instituted is not enforceable in
the country in which the new
proceedings are instituted;
(b) for the purpose of this article
the institution of measures with a
view to obtaining enforcement of
a judgement is not to be
considered as the starting of a
new action;
(c) for the purpose of this article,
the removal of an action to a
different court within the same
country, or to a court in another
country, in accordance with
paragraph 2(a) of this article, is
not to be considered as the
starting of a new action.
5. Notwithstanding the provisions
of the preceding paragraphs, an
agreement made by the parties,
after a claim under the contract
of carriage by sea has arisen,
which designates the place
where the claimant may institute
an action, is effective.
Article 22
Arbitration
1. Subject to the provisions of
this article, parties may provide
by agreement evidenced in
writing that any dispute that may
arise relating to carriage of
goods under this Convention
shall be referred to arbitration.
2. Where a charter-party
contains a provision that disputes
arising thereunder shall be
referred to arbitration and a bill
of lading issued pursuant to the
charter-party does not contain a
special annotation providing that
such provision shall be binding
upon the holder of the bill of
lading, the carrier may not
invoke such provision as against
a holder having acquired the bill
of lading in good faith.
3. The arbitration proceedings
shall, at the option of the
claimant, be instituted at one of
the following places:
(a) a place in a State within
whose territory is situated:
(i) the principal place of business
of the defendant or, in the
absence thereof, the habitual
residence of the defendant; or
(ii) the place where the contract
was made, provided that the
defendant has there a place of
business, branch or agency
through which the contract was
made; or
(iii) the port of loading or the
port of discharge; or
(b) any place designated for that
purpose in the arbitration clause
or agreement.
4. The arbitrator or arbitration
tribunal shall apply the rules of
this Convention.
5. The provisions of paragraphs
3 and 4 of this article are
deemed to be part of every
arbitration clause or agreement,
and any term of such clause or
agreement which is inconsistent
therewith is null and void.
6. Nothing in this article affects
the validity of an agreement
relating to arbitration made by
the parties after the claim under
the contract of carriage by sea
has arisen.
PART VI
SUPPLEMENTARY PROVISIONS
Article 23
Contractual stipulations
1. Any stipulation in a contract
of carriage by sea, in a bill of
lading, or in any other document
evidencing the contract of
carriage by sea is null and void
to the extent that it derogates,
directly or indirectly, from the
provisions of this Convention.
The nullity of such a stipulation
does not affect the validity of the
other provisions of the contract
or document of which it forms a
part. A clause assigning benefit
of insurance of the goods in
favour of the carrier, or any
similar clause, is null and void.
2. Notwithstanding the provisions
of paragraph 1 of this article, a
carrier may increase his
responsibilities and obligations
under this Convention.
3. Where a bill of lading or any
other document evidencing the
contract of carriage by sea is
issued, it must contain a
statement that the carriage is
subject to the provisions of this
Convention which nullify any
stipulation derogating therefrom
to the detriment of the shipper
or the consignee.
4. Where the claimant in respect
of the goods has incurred loss as
a result of a stipulation which is
null and void by virtue of the
present article, or as a result of
the omission of the statement
referred to in paragraph 3 of this
article, the carrier must pay
compensation to the extent
required in order to give the
claimant compensation in
accordance with the provisions
of this Convention for any loss of
or damage to the goods as well
as for delay in delivery. The
carrier must, in addition, pay
compensation for costs incurred
by the claimant for the purpose
of exercising his right, provided
that costs incurred in the action
where the foregoing provision is
invoked are to be determined in
accordance with the law of the
State where proceedings are
instituted.
Article 24
General average
1. Nothing in this Convention
shall prevent the application of
provisions in the contract of
carriage by sea or national law
regarding the adjustment of
general average.
2. With the exception of article
20, the provisions of this
Convention relating to the
liability of the carrier for loss of
or damage to the goods also
determine whether the
consignee may refuse
contribution in general average
and the liability of the carrier to
indemnify the consignee in
respect of any such contribution
made or any salvage paid.
Article 25
Other conventions
1. This Convention does not
modify the rights or duties of the
carrier, the actual carrier and
their servants and agents,
provided for in international
conventions or national law
relating to the limitation of
liability of owners of seagoing
ships.
2. The provisions of articles 21
and 22 of this Convention do not
prevent the application of the
mandatory provisions of any
other multilateral convention
already in force at the date of
this Convention [March 31, 1978]
relating to matters dealt with in
the said articles, provided that
the dispute arises exclusively
between parties having their
principal place of business in
States members of such other
convention. However, this
paragraph does not affect the
application of paragraph 4 of
article 22 of this Convention.
3. No liability shall arise under
the provisions of this Convention
for damage caused by a nuclear
incident if the operator of a
nuclear installation is liable for
such damage:
(a) under either the Paris
Convention of 29 July 1960 on
Third Party Liability in the Field of
Nuclear Energy as amended by
the Additional Protocol of 28
January 1964 or the Vienna
Convention of 21 May 1963 on
Civil Liability for Nuclear
Damage, or
(b) by virtue of national law
governing the liability for such
damage, provided that such law
is in all respects as favourable to
persons who may suffer damage
as either the Paris or Vienna
Conventions.
4. No liability shall arise under
the provisions of this Convention
for any loss of or damage to or
delay in delivery of luggage for
which the carrier is responsible
under any international
convention or national law
relating to the carriage of
passengers and their luggage by
sea.
5. Nothing contained in this
Convention prevents a
Contracting State from applying
any other international
convention which is already in
force at the date of this
Convention and which applies
mandatorily to contracts of
carriage of goods primarily by a
mode of transport other than
transport by sea. This provision
also applies to any subsequent
revision or amendment of such
international convention.
Article 26
Unit of account
1. The unit of account referred
to in article 6 of this Convention
is the Special Drawing Right as
defined by the International
Monetary Fund. The amounts
mentioned in article 6 are to be
converted into the national
currency of a State according to
the value of such currency at the
date of judgement or the date
agreed upon by the parties. The
value of a national currency, in
terms of the Special Drawing
Right, of a Contracting State
which is a member of the
International Monetary Fund is
to be calculated in accordance
with the method of valuation
applied by the International
Monetary Fund in effect at the
date in question for its
operations and transactions. The
value of a national currency in
terms of the Special Drawing
Right of a Contracting State
which is not a member of the
International Monetary Fund is
to be calculated in a manner
determined by that State.
2. Nevertheless, those States
which are not members of the
International Monetary Fund
and whose law does not permit
the application of the provisions
of paragraph 1 of this article
may, at the time of signature, or
at the time of ratification,
acceptance, approval or
accession or at any time
thereafter, declare that the limits
of liability provided for in this
Convention to be applied in their
territories shall be fixed as:
12,500 monetary units per
package or other shipping unit
or 37.5 monetary units per
kilogramme of gross weight of
the goods.
3. The monetary unit referred to
in paragraph 2 of this article
corresponds to sixty-five and a
half milligrammes of gold of
millesimal fineness nine hundred.
The conversion of the amounts
referred to in paragraph 2 into
the national currency is to be
made according to the law of
the State concerned.
4. The calculation mentioned in
the last sentence of paragraph 1
and the conversion mentioned in
paragraph 3 of this article is to
be made in such a manner as to
express in the national currency
of the Contracting State as far as
possible the same real value for
the amounts in article 6 as is
expressed there in units of
account. Contracting States must
communicate to the depositary
the manner of calculation
pursuant to paragraph 1 of this
article, or the result of the
conversion mentioned in
paragraph 3 of this article, as the
case may be, at the time of
signature or when depositing
their instruments of ratification,
acceptance, approval or
accession, or when availing
themselves of the option
provided for in paragraph 2 of
this article and whenever there is
a change in the manner of such
calculation or in the result of
such conversion.
PART VII
FINAL CLAUSES
Article 27
Depositary
The Secretary General of the
United Nations is hereby
designated as the depositary of
this Convention.
Article 28
Signature, ratification,
acceptance, approval, accession
1. This Convention is open for
signature by all States until 30
April 1979 at the Headquarters
of the United Nations, New York.
2. This Convention is subject to
ratification, acceptance or
approval by the signatory States.
3. After 30 April 1979, this
Convention will be open for
accession by all States which are
not signatory States.
4. Instruments of ratification,
acceptance, approval and
accession are to be deposited
with the Secretary-General of the
United Nations.
Article 29
Reservations
No reservations may be made to
this Convention.
Article 30
Entry into force
1. This Convention enters into
force on the first day of the
month following the expiration
of one year from the date of
deposit of the 20th instrument of
ratification, acceptance, approval
or accession.
2. For each State which becomes
a Contracting State to this
Convention after the date of
deposit of the 20th instrument of
ratification, acceptance approval
or accession, this Convention
enters into force on the first day
of the month following the
expiration of one year after the
deposit of the appropriate
instrument on behalf of that
State.
3. Each Contracting State shall
apply the provisions of this
Convention to contracts of
carriage by sea concluded on or
after the date of the entry into
force of this Convention in
respect of that State.
Article 31
Denunciation of other
conventions
1. Upon becoming a Contracting
State to this Convention, any
State party to the International
Convention for the Unification of
Certain Rules relating to Bills of
Lading signed at Brussels on 25
August 1924 (1924 Convention)
must notify the Government of
Belgium as the depositary of the
1924 Convention of its
denunciation of the said
Convention with a declaration
that the denunciation is to take
effect as from the date when this
Convention enters into force in
respect of that State.
2. Upon the entry into force of
this Convention under paragraph
1 of article 30, the depositary of
this Convention must notify the
Government of Belgium as the
depositary of the 1924
Convention of the date of such
entry into force, and of the
names of the Contracting States
in respect of which the
Convention has entered into
force.
3. The provisions of paragraphs
1 and 2 of this article apply
correspondingly in respect of
States parties to the Protocol
signed on 23 February 1968 to
amend the International
Convention for the Unification of
Certain Rules relating to Bills of
Lading signed at Brussels on 25
August 1924.
4. Notwithstanding article 2 of
this Convention, for the
purposes of paragraph 1 of this
article, a Contracting State may,
if it deems it desirable, defer the
denunciation of the 1924
Convention and of the 1924
Convention as modified by the
1968 Protocol for a maximum
period of five years from the
entry into force of this
Convention. It will then notify
the Government of Belgium of its
intention. During this transitory
period, it must apply to the
Contracting States this
Convention to the exclusion of
any other one.
Article 32
Revision and amendment
1. At the request of not less than
one-third of the Contracting
States to this Convention, the
depositary shall convene a
conference of the Contracting
States for revising or amending
it.
2. Any instrument of ratification,
acceptance, approval or
accession deposited after the
entry into force of an
amendment to this Convention,
is deemed to apply to the
Convention as amended.
Article 33
Revision of the limitation
amounts and unit of account or
monetary unit
1. Notwithstanding the provisions
of article 32, a conference only
for the purpose of altering the
amount specified in article 6 and
paragraph 2 of article 26, or of
substituting either or both of the
units defined in paragraphs 1
and 3 of article 26 by other units
is to be convened by the
depositary in accordance with
paragraph 2 of this article. An
alteration of the amounts shall
be made only because of a
significant change in their real
value.
2. A revision conference is to be
convened by the depositary
when not less than one-fourth
of the Contracting States so
request.
3. Any decision by the
conference must be taken by a
two-thirds majority of the
participating States. The
amendment is communicated by
the depositary to all the
Contracting States for
acceptance and to all the States
signatories of the Convention for
information.
4. Any amendment adopted
enters into force on the first day
of the month following one year
after its acceptance by two-thirds
of the Contracting States.
Acceptance is to be effected by
the deposit of a formal
instrument to that effect, with
the depositary.
5. After entry into force of an
amendment a Contracting State
which has accepted the
amendment is entitled to apply
the Convention as amended in
its relations with Contracting
States which have not within six
months after the adoption of the
amendment notified the
depositary that they are not
bound by the amendment.
6. Any instrument of ratification,
acceptance, approval or
accession deposited after the
entry into force of an
amendment to this Convention,
is deemed to apply to the
Convention as amended.
Article 34
Denunciation
1. A Contracting State may
denounce this Convention at any
time by means of a notification in
writing addressed to the
depositary.
2. The denunciation takes effect
on the first day of the month
following the expiration of one
year after the notification is
received by the depositary.
Where a longer period is
specified in the notification, the
denunciation takes effect upon
the expiration of such longer
period after the notification is
received by the depositary.
DONE at Hamburg, this thirty-
first day of March one thousand
nine hundred and seventy-eight,
in a single original, of which the
Arabic, Chinese, English, French,
Russian and Spanish texts are
equally authentic.
IN WITNESS WHEREOF the
undersigned plenipotentiaries,
being duly authorized by their
respective Governments, have
signed the present Convention.
COMMON UNDERSTANDING
ADOPTED BY THE UNITED
NATIONS CONFERENCE ON
THE CARRIAGE OF GOODS BY
SEA
It is the common understanding
that the liability of the carrier
under this Convention is based
on the principle of presumed
fault or neglect. This means that,
as a rule, the burden of proof
rests on the carrier but, with
respect to certain cases, the
provisions of the Convention
modify this rule.
No comments:
Post a Comment