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THE STATES PARTIES TO THIS CONVENTION,
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HAVING RECOGNIZED the desirability of determining by
agreement certain rules relating to the carriage of goods by sea,
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HAVE DECIDED to conclude a Convention for this purpose
and have thereto agreed as follows:
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In this Convention:
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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.
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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.
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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.
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4. ``Consignee'' means the person entitled to take delivery of
the goods.
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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.
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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.
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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.
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8. ``Writing'' includes, inter alia, telegram and telex.
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1. The provisions of this Convention are applicable to all
contracts of carriage by sea between two different States, if:
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(a) the port of loading as provided for in the contract of
carriage by sea is located in a Contracting State, or
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(b) the port of discharge as provided for in the contract of
carriage by sea is located in a Contracting State, or
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(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
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(d) the bill of lading or other document evidencing the
contract of carriage by sea is issued in a Contracting State, or
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(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.
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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.
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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.
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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.
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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.
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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.
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2. For the purpose of paragraph 1 of this article, the carrier is
deemed to be in charge of the goods
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(a) from the time he has taken over the goods from:
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(i) the shipper, or a person acting on his behalf; or
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(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;
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(b) until the time he has delivered the goods:
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(i) by handing over the goods to the consignee; or
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(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
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(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.
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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.
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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.
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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.
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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.
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4. (a) The carrier is liable
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(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;
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(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.
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(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.
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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.
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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.
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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.
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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.
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(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.
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(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.
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2. For the purpose of calculating which amount is the higher
in accordance with paragraph 1(a) of this article, the following
rules apply:
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(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.
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(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.
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3. Unit of account means the unit of account mentioned in
article 26.
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4. By agreement between the carrier and the shipper, limits of
liability exceeding those provided for in paragraph 1 may be
fixed.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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4. Where and to the extent that both the carrier and the actual
carrier are liable, their liability is joint and several.
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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.
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6. Nothing in this article shall prejudice any right of recourse
as between the carrier and the actual carrier.
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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.
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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.
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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.
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1. The shipper must mark or label in a suitable manner
dangerous goods as dangerous.
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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:
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(a) the shipper is liable to the carrier and any actual carrier for
the loss resulting from the shipment of such goods, and
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(b) the goods may at any time be unloaded, destroyed or
rendered innocuous, as the circumstances may require,
without payment of compensation.
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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.
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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.
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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.
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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.
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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.
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1. The bill of lading must include, inter alia, the following
particulars:
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(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;
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(b) the apparent condition of the goods;
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(c) the name and principal place of business of the carrier;
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(d) the name of the shipper;
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(e) the consignee if named by the shipper;
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(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;
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(g) the port of discharge under the contract of carriage by sea;
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(h) the number of originals of the bill of lading, if more than
one;
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(i) the place of issuance of the bill of lading;
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(j) the signature of the carrier or a person acting on his behalf;
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(k) the freight to the extent payable by the consignee or other
indication that freight is payable by him;
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(l) the statement referred to in paragraph 3 of article 23;
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(m) the statement, if applicable, that the goods shall or may be
carried on deck;
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(n) the date or the period of delivery of the goods at the port
of discharge if expressly agreed upon between the parties; and
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(o) any increased limit or limits of liability where agreed in
accordance with paragraph 4 of article 6.
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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 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.
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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.
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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.
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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.
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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:
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(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
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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3. The day on which the limitation period commences is not
included in the period.
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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.
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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.
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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:
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(a) the principal place of business or, in the absence thereof,
the habitual residence of the defendant; or
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(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
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(c) the port of loading or the port of discharge; or
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(d) any additional place designated for that purpose in the
contract of carriage by sea.
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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.
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(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.
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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.
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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;
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(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;
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(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.
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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.
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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.
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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.
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3. The arbitration proceedings shall, at the option of the
claimant, be instituted at one of the following places:
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(a) a place in a State within whose territory is situated:
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(i) the principal place of business of the defendant or, in the
absence thereof, the habitual residence of the defendant; or
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(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
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(iii) the port of loading or the port of discharge; or
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(b) any place designated for that purpose in the arbitration
clause or agreement.
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4. The arbitrator or arbitration tribunal shall apply the rules of
this Convention.
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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.
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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.
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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.
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2. Notwithstanding the provisions of paragraph 1 of this
article, a carrier may increase his responsibilities and obligations
under this Convention.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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(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
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(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.
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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.
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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.
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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.
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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:
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12,500 monetary units per package or other shipping unit or
37.5 monetary units per kilogramme of gross weight of the
goods.
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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.
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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.
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The Secretary General of the United Nations is hereby
designated as the depositary of this Convention.
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1. This Convention is open for signature by all States until 30
April 1979 at the Headquarters of the United Nations, New York.
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2. This Convention is subject to ratification, acceptance or
approval by the signatory States.
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3. After 30 April 1979, this Convention will be open for
accession by all States which are not signatory States.
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4. Instruments of ratification, acceptance, approval and
accession are to be deposited with the Secretary-General of the
United Nations.
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No reservations may be made to this Convention.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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2. A revision conference is to be convened by the depositary
when not less than one-fourth of the Contracting States so
request.
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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.
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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.
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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.
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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.
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1. A Contracting State may denounce this Convention at any
time by means of a notification in writing addressed to the
depositary.
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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.
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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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IN WITNESS WHEREOF the undersigned plenipotentiaries,
being duly authorized by their respective Governments, have
signed the present Convention.
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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.
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