Công ước Hamburg
Liên Hiệp Quốc ước về vận chuyển hàng hoá bằng biển (The Hamburg Rules)
Hamburg, ngày 30 tháng ba năm 1978
Nhận thức được mong muốn của xác định bởi các quy tắc thỏa thuận nhất định liên quan đến việc vận chuyển hàng hóa
biển, đã quyết định ký kết Công ước cho mục đích này và đã liên thoả thuận như sau:
Những quy định chung
Điều 1 - Định nghĩa
Trong Công ước này:
1. "nhà cung cấp" có nghĩa là bất kỳ người nào theo hợp đồng hoặc một người đứng tên vận chuyển hàng hóa bằng đường biển
ký kết với người...
The Hamburg Convention
(Ed. Note: As a public service to surfers, Forwarderlaw.com has posted the text of the international transport
conventions. Surfers must check the information with an authoritative source before taking any steps based on this
information. See Disclaimer.)
United Nations Convention on the Carriage of Goods by Sea (The Hamburg Rules)
Hamburg, 30 March 1978
The States Parties to this Convention,
Having recognised the desirability of determining by agreement certain rules relating to the carriage of goods by
sea, have decided to conclude a Convention for this purpose and have thereto agreed as follows:
PART I
GENERAL PROVISIONS
Article 1 - Definitions
In this Convention:
1. "Carrier" means any person by whom or in whose name a contract of carriage of goods by sea has been
concluded with a shipper.
2. "Actual carrier" means any person to whom the performance of the carriage of the goods, or of part of the
carriage, has been entrusted by the carrier, and includes any other person to whom such performance has been
entrusted.
3. "Shipper" means any person by whom or in whose name or on whose behalf a contract of carriage of goods by
sea has been concluded with a carrier, or any person by whom or in whose name or on whose behalf the goods
are actuallydelivered 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 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 shipment practices must be held into the cause and circumstances of the fire, and a copy of the
surveyor's report shall be made available on demand to the carrier and the claimant.
5. With respect to live animals, the carrier is not liable for loss, damage or delay in delivery resulting from any
special risks inherent in that kind of carriage. If the carrier proves that he has complied with any special instructions
given to him by the shipper respecting the animals and that, in the circumstances of the case, the loss, damage or
delay in delivery could be attributed to such risks, it is presumed that the loss, damage or delay in delivery was so
caused, unless there is proof that all or a part of the loss, damage or delay in delivery resulted from fault or neglect
on the part of the carrier, his servants or agents.
6. The carrier is not liable, except in general average, where loss, damage or delay in delivery resulted from
measures to save life or from reasonable measures to save property at sea.
7. Where fault or neglect on the part of the carrier, his servants or agents combines with another cause to produce
loss, damage or delay in delivery the carrier is liable only to the extent that the loss, damage or delay in delivery is
attributable to such fault or neglect, provided that the carrier proves the amount of the loss, damage or delay in
delivery not attributable thereto.
Article 6 - Limits of liability
1. (a) The liability of the carrier for loss resulting from loss of or damage to goods according to the provisions of
article 5 is limited to an amount equivalent to 835 units of account per package or other shipping unit or 2.5 units of
account per 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 no exceeding the total freight
payable under the contract of carriage of goods by sea.
(c) In no case shall the aggregate liability of the carrier, under both subparagraphs (a) and (b) of this paragraph,
exceed the limitation which would be established under subparagraph (a) of this paragraph for total loss of the
goods with respect to which such liability was incurred.
2. For the purpose of calculating which amount is the higher in accordance with paragraph 1 (a) of this article, the
following rules apply:
(a) Where a container, pallet or similar article of transport is used to consolidate goods, the package or other
shipping units enumerated in the bill of lading, if issued, or otherwise in any other document evidencing the
contract of carriage by sea, as packed in such article of transport are deemed packages or shipping units. Except
as aforesaid the goods in such article of transport are deemed one shipping unit.
(b) In cases where the article of transport itself has been lost or damaged, that article of transport, if not owned or
otherwise supplied by the carrier, is considered one separate shipping unit.
3. Unit of account means the unit of account mentioned in article 26.
4. By agreement between the carrier and the shipper, limits of liability exceeding those provided for in paragraph 1
may be fixed.
Article 7 - Application to non-contractual claims
1. The defences and limits of liability provided for in this Convention apply in any action against the carrier in
respect of loss or damage to the goods covered by the contract of carriage by sea, as well as of delay in delivery
whether the action is founded in contract, in tort or otherwise.
2. If such 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 statement the carrier has the burden of proving that an agreement for carriage on deck has been
entered into; however, the carrier is not entitled to invoke such an agreement against a third party, including a
consignee, who has acquired the bill of lading in good faith.
3. Where the goods have been carried on deck contrary to the provisions of paragraph 1 of this article or where the
carrier may not under paragraph 2 of this article invoke an agreement for carriage on deck, the carrier,
notwithstanding the provisions of paragraph 1 of article 5, is liable for loss of or damage to the goods, as well as for
delay in delivery, resulting solely from the carriage on deck, and the extent of his liability is to be determined in
accordance with the provisions of article 6 or article 8 of this Convention, as the case may be.
4. Carriage of goods on deck contrary to express agreement for carriage under deck is deemed to be an act or
omission of the carrier within the meaning of article 8.
Article 10 - Liability of the carrier and actual carrier
1. Where the performance of the carriage or part thereof has been entrusted to an actual carrier, whether or not in
pursuance of a liberty under the contract of carriage by sea to do so, the carrier nevertheless remains responsible
for the entire carriage according to the provisions of this Convention. The carrier is responsible, in relation to the
carriage performed by the actual carrier, for the acts and omissions of the actual carrier and of his servants and
agents acting within the scope of their employment.
2. All the provisions of this Convention governing the responsibility of the carrier also apply to the responsibility of
the actual carrier for the carriage performed by him. The provisions of paragraphs 2 and 3 of article 7 and of
paragraph 2 of article 8 apply if an action is brought against a servant or agent of the actual carrier.
3. Any special agreement under which the carrier assumes obligations not imposed by this Convention or waives
rights conferred by this Convention affects the actual carrier only if agreed to by him expressly and in writing.
Whether or not the actual carrier has so agreed, the carrier nevertheless remains bound by the obligations or
waivers resulting from such special agreement.
4. Where and to the extent that both the carrier and the actual carrier are liable, their liability is joint and several.
5. The aggregate of the amounts recoverable from the carrier, the actual carrier and their servants and agents
shall not exceed the limits of liability provided for in this Convention.
6. Nothing in this article shall prejudice any right of recourse as between the carrier and the actual carrier.
Article 11- Through carriage
1. Notwithstanding the provisions of paragraph 1 of article 10, where a contract of carriage by sea provides
explicitly that a specified part of the carriage covered by the said contract is to be performed by a named person
other than the carrier, the contract may also provide that the carrier is not liable for loss, damage or delay in
delivery caused by an occurrence which takes place while the goods are in the charge of the actual carrier during
such part of the carriage. Nevertheless, any stipulation limiting or excluding such liability is without effect if no
judicial proceedings can be instituted against the actual carrier in a court competent under paragraph 1 or 2 of
article 21. The burden of proving that any loss, damage or delay in delivery has been caused by such an
occurrence rests upon the carrier.
2. The actual carrier is responsible in accordance with the provisions of paragraph 2 of article 10 for loss, damage
or delay in delivery caused by an occurrence which takes place while the goods are in his charge.
PART III
LIABILITY OF THE SHIPPER
Article 12- General rule
The shipper is not liable for loss sustained by the carrier or the actual carrier, or for damage sustained by the ship,
unless such loss or damage was caused by the fault or neglect of the shipper, his servants or agents. Nor is any
servant or agent of the shipper liable for such loss or damage unless the loss or damage was caused by fault or
neglect on his part.
Article 13 - Special rules on dangerous goods
1. The shipper must mark or label in a suitable manner dangerous goods as dangerous.
2. Where the shipper hands over dangerous goods to the carrier or an actual carrier, as the case may be, the
shipper must inform him of the dangerous character of the goods and, if necessary, of the precautions to be taken.
If the shipper fails to do so and such carrier or actual carrier does not otherwise have knowledge of their
dangerous character:
(a) The shipper is liable to the carrier and any actual carrier for the loss resulting from the shipment of such goods,
and
(b) The goods may at any time be unloaded, destroyed or rendered innocuous, as the circumstances may require,
without payment of compensation.
3. The provisions of paragraph 2 of this article may not be invoked by any person if during the carriage he has
taken the goods in his charge with knowledge of their dangerous character.
4. If, in cases where the provisions of paragraph 2, subparagraph (b), of this article do not apply or may not be
invoked, dangerous goods become an actual danger to life or property, they may be unloaded, destroyed or
rendered innocuous, as the circumstances may require, without payment of compensation except where there is
an obligation to contribute in general average or where the carrier is liable in accordance with the provisions of
article 5.
PART IV
TRANSPORT DOCUMENTS
Article 14 - Issue of bill of lading
1. When the carrier or the actual carrier takes the goods in his charge, the carrier must, on demand of the shipper,
issue to the shipper a bill of lading.
2. The bill of lading may be signed by a person having authority from the carrier. A bill of lading signed by the
master of the ship carrying the goods is deemed to have been signed on behalf of the carrier.
3. The signature on the bill of lading may be in handwriting, printed in facsimile, perforated, stamped, in symbols,
or made by 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 shipper's demand for a "shipped" bill of lading if, as
amended, such document includes all the information required to be contained in a "shipped" bill of lading.
3. The absence in the bill of lading of one or more particulars referred to in this article does not affect the legal
character of the document as a bill of lading provided that it nevertheless meets the requirements set out in
paragraph 7 of article 1.
Article 16 - Bills of lading: reservations and evidentiary effect
1. If the bill of lading contains particulars concerning the general nature, leading marks, number of packages or
pieces, weight or quantity of the goods which the carrier or other person issuing the bill of lading on his behalf
knows or has reasonable grounds to suspect do not accurately represent the goods actually taken over or, where a
"shipped" bill of lading is issued, loaded, or if he had no reasonable means of checking such particulars, the carrier
or such other person must insert in the bill of lading a reservation specifying these inaccuracies, grounds of
suspicion or the absence of reasonable means of checking.
2. If the carrier or other person issuing the bill of lading on his behalf fails to note on the bill of lading the apparent
condition of the goods, he is deemed to have noted on the bill of lading that the goods were in apparent good
condition.
3. Except for particulars in respect of which and to the extent to which a reservation permitted under paragraph 1
of this article has been entered:
(a) The bill of lading is prima facie evidence of the taking over or, where a "shipped" bill of lading is issued, loading,
by the carrier of the goods as described in the bill of lading; and
(b) Proof to the contrary by the carrier is not admissible if the bill of lading has been transferred to a third party,
including a consignee, who in good faith has acted in reliance on the description of the goods therein.
4. A bill of lading which does not, as provided in paragraph 1, subparagraph (h) of article 15, set forth the freight or
otherwise indicate that freight is payable by the consignee or does not set forth demurrage incurred at the port of
loading payable by the consignee, is prima facie evidence that no freight or such demurrage is payable by him.
However, proof to the contrary by the carrier is not admissible when the bill of lading has been transferred to a third
party, including a consignee, who in good faith has acted in reliance on the absence in the bill of lading of any such
indication.
Article 17 - Guarantees by the shipper
1. The shipper is deemed to have guaranteed to the carrier the accuracy of particulars relating to the general
nature of the goods, their marks, number, weight and quantity as furnished by him for insertion in the bill of lading.
The shipper must indemnify the carrier against the loss resulting from inaccuracies in such particulars. The shipper
remains liable even if the bill of lading has been transferred by him. The right of the carrier to such indemnity in no
way limits his liability under the contract of carriage by sea to any person other than the shipper.
2. Any letter of guarantee or agreement by which the shipper undertakes to indemnify the carrier against loss
resulting from the issuance of the bill of lading by the carrier, or by a person acting on his behalf, without entering a
reservation relating to particulars furnished by the shipper for insertion in the bill of lading, or to the apparent
condition of the goods, is void and of no effect as against any third party, including a consignee, to whom the bill of
lading has been transferred.
3. Such letter of guarantee or agreement is valid as against the shipper unless the carrier or the person acting on
his behalf, by omitting the reservation referred to in paragraph 2 of this article, intends to defraud a third party,
including a consignee, who acts in reliance on the description of the goods in the bill of lading. In the latter case, if
the reservation omitted relates to particulars furnished by the shipper for insertion in the bill of lading, the carrier
has no right of indemnity from the shipper pursuant to paragraph 1 of this article.
4. In the case of intended fraud referred to in paragraph 3 of this article the carrier is liable, without the benefit of
the limitation of liability provided for in this Convention, for the loss incurred by a third party, including a consignee,
because he has acted in reliance on the description of the goods in the bill of lading.
Article 18 - Documents other than bills of lading
Where a carrier issues a document other than a bill of lading to evidence the receipt of the goods to be carried,
such a document is prima facie evidence of the conclusion of the contract of carriage by sea and the taking over by
the carrier of the goods as therein described.
PART V
CLAIMS AND ACTIONS
Article 19 - Notice of loss, damage or delay
1. Unless notice of loss or damage, specifying the general nature of such loss or damage, is given in writing by the
consignee to the carrier not later than the working day after the day when the goods were handed over to the
consignee, such handing over is prima facie evidence of the delivery by the carrier of the goods as described in the
document of transport or, if no such document has been issued, in good condition.
2. Where the loss or damage is not apparent, the provisions of paragraph 1 of this article apply correspondingly if
notice in writing is not given within 15 consecutive days after the day when the goods were handed over to the
consignee.
3. If the state of the goods at the time they were handed over to the consignee has been the subject of a joint
survey or inspection by the parties, notice in writing need not be given of loss or damage ascertained during such
survey or inspection.
4. In the case of any actual or apprehended loss or damage the carrier and the consignee must give all reasonable
facilities to each other for inspecting and tallying the goods.
5. No compensation shall be payable for loss resulting from delay in delivery unless a notice has been given in
writing to the carrier within 60 consecutive days after the day when the goods were handed over to the consignee.
6. If the goods have been delivered by an actual carrier, any notice given under this article to him shall have the
same effect as if it had been given to the carrier, and any notice given to the carrier shall have effect as if given to
such actual carrier.
7. Unless notice of loss or damage, specifying the general nature of the loss or damage, is given in writing by the
carrier or actual carrier to the shipper not later than 90 consecutive days after the occurrence of such loss or
damage or after the delivery of the goods in accordance with paragraph 2 of article 4, whichever is later, the failure
to give such notice is prima facie evidence that the carrier or the actual carrier has sustained no loss or damage
due to the fault or neglect of the shipper, his servants or agents.
8. For the purpose of this article, notice given to a person acting on the carrier's or the actual carriers' behalf,
including the master or the officer in charge of the ship, or to a person acting on the shipper's behalf is deemed to
have been given to the carrier, to the actual carrier or to the shipper, respectively.
Article 20 - Limitation of actions
1. Any action relating to carriage of goods under this Convention is time-barred if judicial or arbitral proceedings
have not been instituted within a period of two years.
2. The limitation period commences on the day on which the carrier has delivered the goods or part thereof or, in
cases where no goods have been delivered, on the last day on which the goods should have been delivered.
3. The day on which the limitation period commences is not included in the period.
4. The person against whom a claim is made may at any time during the running of the limitation period extend that
period by a declaration in writing to the claimant. This period may be further extended by another declaration or
declarations.
5. An action for indemnity by a person held liable may be instituted even after the expiration of the limitation period
provided for in the preceding paragraphs if instituted within the time allowed by the law of the State where
proceedings are instituted. However, the time allowed shall not be less than 90 days commencing from the day
when the person instituting such action for indemnity has settled the claim or has been served with process in the
action against himself.
Article 21 - Jurisdiction
1. In judicial proceedings relating to carriage of goods under this Convention the plaintiff, at his option, may
institute an action in a court which, according to the law of the State where the court is situated, is competent and
within the jurisdiction of which is situated one of the following places:
(a) The principal place of business or, in the absence thereof, the habitual residence of the defendant; or
(b) The place where the contract was made provided that the defendant has there a place of business, branch or
agency through which the contract was made; or
(c) The port of loading or the port of discharge; or
(d) Any additional place designated for that purpose in the contract of carriage by sea.
2. (a) Notwithstanding the preceding provisions of this article, an action may be instituted in the courts of any port
or place in a Contracting State at which the carrying vessel or any other vessel of the same ownership may have
been arrested in accordance with applicable rules of the law of that State and of international law. However, in
such a case, at the petition of the defendant, the claimant must remove the action, at his choice, to one of the
jurisdictions referred to in paragraph 1 of this article for the determination of the claim, but before such removal the
defendant must furnish security sufficient to ensure payment of any judgement that may subsequently be awarded
to the claimant in the action.
(b) All questions relating to the sufficiency or otherwise of the security shall be determined by the court of the port
or place of the arrest.
3. No judicial proceedings relating to carriage of goods under this Convention may be instituted in a place not
specified in paragraph 1 or 2 of this article. The provisions of this paragraph do not constitute an obstacle to the
jurisdiction of the Contracting States for provisional or protective measures.
4. (a) Where an action has been instituted in a court competent under paragraph i 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 instituted is not enforceable in the
country in which the new proceedings are instituted.
(b) For the purpose of this article the institution of measures with a view to obtaining enforcement of a judgement is
not to be considered as the starting of a new action;
(c) For the purpose of this article, the removal of an action to a different court within the same country, or to a court
in another country, in accordance with paragraph 2 (a) of this article, is not to be considered as the starting of a
new action.
5. Notwithstanding the provisions of the preceding paragraphs, an agreement made by the parties, after a claim
under the contract of carriage by sea has arisen, which designates the place where the claimant may institute an
action, is effective.
Article 22 - Arbitration
1. Subject to the provisions of this article, parties may provide by agreement evidenced in writing that any dispute
that may arise relating to carriage of goods under this Convention shall be referred to arbitration.
2. Where a charter-party contains a provision that disputes arising thereunder shall be referred to arbitration and a
bill of lading issued pursuant to the charterparty does not contain a special annotation providing that such provision
shall be binding upon the holder of the bill of lading, the carrier may not invoke such provision as against a holder
having acquired the bill of lading in good faith.
3. The arbitration proceedings shall, at the option of the claimant, be instituted at one of the following places:
(a) A place in a State within whose territory is situated:
(i) The principal place of business of the defendant or, in the absence thereof, the habitual residence of the
defendant; or
(ii) The place where the contract was made, provided that the defendant has there a place of business, branch or
agency through which the contract was made; or
(iii) The port of loading or the port of discharge; or
(b) Any place designated for that purpose in the arbitration clause or agreement.
4. The arbitrator or arbitration tribunal shall apply the rules of this Convention.
5. The provisions of paragraph 3 and 4 of this article are deemed to be part of every arbitration clause or
agreement, and any term of such clause or agreement which is inconsistent therewith is null and void.
6. Nothing in this article affects the validity of an agreement relating to arbitration made by the parties after the
claim under the contract of carriage by sea has arisen.
PART VI
SUPPLEMENTARY PROVISIONS
Article 23 - Contractual stipulations
1. Any stipulation in a contract of carriage by sea, in a bill of lading, or in any other document evidencing the
contract of carriage by sea is null and void to the extent that it derogates, directly or indirectly, from the provisions
of this Convention. The nullity of such a stipulation does not affect the validity of the other provisions of the contract
or document of which it forms a part. A clause assigning benefit of insurance of the goods in favour of the carrier,
or any similar clause, is null and void.
2. Notwithstanding the provisions of paragraph 1 of this article, a carrier may increase his responsibilities and
obligations under this Convention.
3. Where a bill of lading or any other document evidencing the contract of carriage by sea is issued, it must contain
a statement that the carriage is subject to the provisions of this Convention which nullify any stipulation derogating
therefrom to the detriment of the shipper or the consignee.
4. Where the claimant in respect of the goods has incurred loss as a result of a stipulation which is null and void by
virtue of the present article, or as a result of the omission of the statement referred to in paragraph 3 of this article,
the carrier must pay compensation to the extent required in order to give the claimant compensation in accordance
with the provisions of this Convention for any loss of or damage to the goods as well as for delay in delivery. The
carrier must, in addition pay compensation for costs incurred by the claimant for the purpose of exercising his right,
provided that costs incurred in the action where the foregoing provision is invoked are to be determined in
accordance with the law of the State where proceedings are instituted.
Article 24 - General average
1. Nothing in this Convention shall prevent the application of provisions in the contract of carriage by sea or
national law regarding the adjustment of general average.
2. With the exception of article 20, the provisions of this Convention relating to the liability of the carrier for loss of
or damage to the goods also determine whether the consignee may refuse contribution in general average and the
liability of the carrier to indemnify the consignee in respect of any such contribution made or any salvage paid.
Article 25 - Other conventions
1. This Convention does not modify the rights or duties of the carrier, the actual carrier and their servants and
agents, provided for in international conventions or national law relating to the limitation of liability of owners of
seagoing ships.
2. The provisions of articles 21 and 22 of this Convention do not prevent the application of the mandatory
provisions of any other multilateral convention already in force at the date of this Convention relating to matters
dealt with in the said articles, provided that the dispute arises exclusively between parties having their principal
place of business in States members of such other convention. However, this paragraph does not affect the
application of paragraph 4 of article 22 of this Convention.
3. No liability shall arise under the provisions of this Convention for damage caused by a nuclear incident if the
operator of a nuclear installation is liable for such damage:
(a) Under either the Paris Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy as
amended by the Additional Protocol of 28 January 1964 or the Vienna Convention of 21 May 1963 on Civil Liability
for Nuclear Damage, or
(b) By virtue of national law governing the liability for such damage, provided that such law is in all respects as
favourable to persons who may suffer damage as either the Paris or Vienna Conventions.
4. No liability that 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
l. 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 i 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 I and the conversion mentioned in paragraph 3 of
this article is to be made in such a manner as to express in the national currency of the Contracting State as far as
possible the same real value for the amounts in article 6 as is expressed there in units of account. Contracting
States must communicate to the depositary the manner of calculation pursuant to paragraph 1 of this article, or the
result of the conversion mentioned in paragraph 3 of this article, as the case may be, at the time of signature or
when depositing their instruments of ratification, acceptance, approval or accession, or when availing themselves
of the option provided for in paragraph 2 of this article and whenever there is a change in the manner of such
calculation or in the result of such conversion.
PART VII
FINAL CLAUSES
Article 27- Depositary
The Secretary-General of the United Nations is hereby designated as the depositary of this Convention.
Article 28 - Signature, ratification, acceptance, approval, accession
1. This Convention is open for signature by all States until 30 April 1979 at the Headquarters of the United Nations,
New York.
2. This Convention is subject to ratification, acceptance or approval by the signatory States.
3. After 30 April 1979, this Convention will be open for accession by all States which are not signatory States.
4. Instruments of ratification, acceptance, approval and accession are to be deposited with the Secretary-General
of the United Nations.
Article 29- Reservations
No reservations may be made to this Convention.
Article 30 - Entry into force
1. This Convention enters into force on the first day of the month following the expiration of one year from the date
of deposit of the 20th instrument of ratification, acceptance, approval or accession.
2. For each State which becomes a Contracting State to this Convention after the date of the deposit of the 20th
instrument of ratification, acceptance, approval or accession, this Convention enters into force on the first day of
the month following the expiration of one year after the deposit of the appropriate instrument on behalf of that
State.
3. Each Contracting State shall apply the provisions of this Convention to contracts of carriage by sea concluded
on or after the date of the entry into force of this Convention in respect of that State.
Article 31- Denunciation of other conventions
1. Upon becoming a Contracting State to this Convention, any State party to the International Convention for the
Unification of Certain Rules relating to Bills of Lading signed at Brussels on 25 August 1924 (1924 Convention)
must notify the Government of Belgium as the depositary of the 1924 Convention of its denunciation of the said
Convention with a declaration that the denunciation is to take effect as from the date when this Convention enters
into force in respect of that State.
2. Upon the entry into force of this Convention under paragraph 1 of article 30, the depositary of this Convention
must notify the Government of Belgium as the depositary of the 1924 Convention of the date of such entry into
force, and of the names of the Contracting States in respect of which the Convention has entered into force.
3. The provisions of paragraphs 1 and 2 of this article apply correspondingly in respect of States parties to the
Protocol signed on 23 February 1968 to amend the International Convention for the Unification of Certain Rules
relating to Bills of Lading signed at Brussels on 25 August 1924.
4. Notwithstanding article 2 of this Convention, for the purposes of paragraph 1 of this article, a Contracting State
may, if it deems it desirable, defer the denunciation of the 1924 Convention and of the 1924 Convention as
modified by the 1968 Protocol for a maximum period of five years from the entry into force of this Convention. It will
then notify the Government of Belgium of its intention. During this transitory period, it must apply to the Contracting
States this Convention to the exclusion of any other one.
Article 32 - Revision and amendment
1. At the request of not less than one-third of the Contracting States to this Convention, the depositary shall
convene a conference of the Contracting States for revising or amending it.
2. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an
amendment to this Convention, is deemed to apply to the Convention as amended.
Article 33 - Revision of the limitation amounts and unit of account or monetary unit
1. Notwithstanding the provisions of article 32, a conference only for the purpose of altering the amount specified in
article 6 and paragraph 2 of article 26, or of substituting either or both of the units defined in paragraphs 1 and 3 of
article 26 by other units is to be convened by the depositary in accordance with paragraph 2 of this article. An
alteration of the amounts shall be made only because of a significant change in their real value.
2. A revision conference is to be convened by the depositary when not less than one-fourth of the Contracting
States so request.
3. Any decision by the conference must be taken by a two-thirds majority of the participating States. The
amendment is communicated by the depositary to all the Contracting States for acceptance and to all the States
signatories of the Convention for information.
4. Any amendment adopted enters into force on the first day of the month following one year after its acceptance
by two-thirds of the Contracting States. Acceptance is to be effected by the deposit of a formal instrument to that
effect, with the depositary.
5. After entry into force of an amendment a Contracting State which has accepted the amendment is entitled to
apply the Convention as amended in its relations with Contracting States which have not within six months after
the adoption of the amendment notified the depositary that they are not bound by the amendment.
6. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an
amendment to this Convention, is deemed to apply to the Convention as amended.
Article 34 - Denunciation
1. A Contracting State may denounce this Convention at any time by means of a notification in writing addressed
to the depositary.
2. The denunciation takes effect on the first day of the month following the expiration of one year after the
notification is received by the depositary. Where a longer period is specified in the notification, the denunciation
takes effect upon the expiration of such longer period after the notification is received by the depositary.
Done at Hamburg, this thirty-first day of March one thousand nine hundred and seventy-eight, in a single original,
of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic.
In witness whereof the undersigned plenipotentiaries, being duly authorised by their respective Governments, have
signed the present Convention.
Common understanding adopted by the United Nations Conference on the
Carriage of Goods by Sea (A/CONF.89/13, annex 11)
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.
Resolution adopted by the United Nations Conference on the Carriage of Goods by Sea (A/CON.89/13, annex III)
The United Nations Conference on the Carriage of Goods by Sea,
Noting with appreciation the kind invitation of the Federal Republic of Germany to hold the Conference in
Hamburg,
Being aware that the facilities placed at the disposal of the Conference and the generous hospitality bestowed on
the participants by the Government of the Federal Republic of Germany and by the Free and Hanseatic City of
Hamburg, have in no small measure contributed to the success of the Conference.
Expresses its gratitude to the Government and people of the Federal Republic of Germany, and
Having adopted the Convention on the Carriage of Goods by Sea on the basis of a draft Convention prepared by
the United Nations Commission on International Trade Law at the request of the United Nations Conference on
Trade and Development,
Expresses its gratitude to the United Nations Commission on International Trade Law and to the United Nations
Conference on Trade and Development for their outstanding contribution to the simplification and harmonisation of
the law of the carriage of goods by sea, and
Decides to designate the Convention adopted by the Conference as the: "UNITED NATIONS CONVENTION ON
THE CARRIAGE OF GOODS BY SEA, 1978", and
Recommends that the rules embodied therein be known as the "HAMBURG RULES".