聯合國海上貨物運輸公約（漢堡規則）(英文)
簡介：UNITED NATIONS CONVENTION ON THE CARRIAGE OF GOODS BY SEA ("HAMBURG
RULES") (Hamburg, 31 March 1978) PREAMBLETHE STATES PARTIES TO THIS
CONVENTION, HAVING RECOGNIZED the desirability of deter ...
UNITED NATIONS CONVENTION ON THE CARRIAGE OF GOODS BY SEA ("HAMBURG
RULES")
(Hamburg, 31 March 1978)
PREAMBLE
THE STATES PARTIES TO THIS CONVENTION,
HAVING RECOGNIZED the desirability of determining by agreement certain
rules relating to the carriage of goods by sea,
HAVING 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 surveyors 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 kilogram 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 of 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 SHIPPERS
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
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 any 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 respect 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 shippers 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 of 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 a 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
carriers or the actual carriers behalf, including the master or the
officer in charge of the ship, or to a person acting on the shippers
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
paragraphs 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 actions, 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 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 2 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 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 car, riage
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 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 is either the Paris Convention or the Vienna Convention.
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 kilogram 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 milligrams 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
twentieth instrument of ratification, acceptance, approval or accession.
2. For each State which becomes a Contracting State to this Convention
after the date of the deposit of the twentieth 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.
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