Rules of Law relating to Bills of Lading
The President of the German Republic, the President of the Argentine Republic, His Majesty the King
of the Belgians, the President of the Republic of Chile, the President of the Republic of Cuba, His
Majesty the King of Denmark and Iceland, His Majesty the King of Spain, the Head of the Estonian
State, the President of the United States of America, the President of the Republic of Finland, the
President of the French Republic, His Majesty the King of the United Kingdom of Great Britain and
Ireland and of the British Dominions beyond the Seas, Emperor of India, His Most Supreme Highness
the Governor of the...
International Convention for the Unification of Certain Rules of Law
relating to Bills of Lading ("Hague Rules"), and Protocol of Signature
(Brussels, 25 August 1924)
The President of the German Republic, the President of the Argentine Republic, His Majesty the King
of the Belgians, the President of the Republic of Chile, the President of the Republic of Cuba, His
Majesty the King of Denmark and Iceland, His Majesty the King of Spain, the Head of the Estonian
State, the President of the United States of America, the President of the Republic of Finland, the
President of the French Republic, His Majesty the King of the United Kingdom of Great Britain and
Ireland and of the British Dominions beyond the Seas, Emperor of India, His Most Supreme Highness
the Governor of the Kingdom of Hungary, His Majesty the King of Italy, His Majesty the Emperor of
Japan, the President of the Latvian Republic, the President of the Republic of Mexico, His Majesty the
King of Norway, Her Majesty the Queen of the Netherlands, the President of the Republic of Peru, the
President of the Polish Republic, the President of the Portuguese Republic, His Majesty the King of
Romania, His Majesty the King of the Serbs, Croats and Slovenes, His Majesty the King of Sweden,
and the President of the Republic of Uruguay,
HAVING RECOGNIZED the utility of fixing by agreement certain uniform rules of law relating to bills of
lading,
HAVE DECIDED to conclude a convention with this object and have appointed the following
Plenipotentiaries:
WHO, duly authorized thereto, have agreed as follows:
Article 1
In this Convention the following words are employed with the meanings set out below:
(a) "Carrier" includes the owner or the charterer who enters into a contract of carriage with a shipper.
(b) "Contract of carriage" applies only to contracts of carriage covered by a bill of lading or any similar
document of title, in so far as such document relates to the carriage of goods by sea, including any bill
of lading or any similar document as aforesaid issued under or pursuant to a charter party from the
moment at which such bill of lading or similar document of title regulates the relations between a
carrier and a holder of the same.
(c) "Goods" includes goods, wares, merchandise and articles of every kind whatsoever except live
animals and cargo which by the contract of carriage in stated as being carried on deck and is so
carried.
(d) "Ship" means any vessel used for the carriage of goods by sea.
(e) "Carriage of goods" covers the period from the time when the goods are loaded on to the time they
are discharged from the ship.
Article 2
Subject to the provisions of Article 6, under every contract of carriage of goods by sea the carrier, in
relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods, shall
be subject to the responsibilities and liabilities, and entitled to the rights and immunities hereinafter set
forth.
Article 3
1. The carrier shall be bound before and at the beginning of the voyage to exercise due diligence to:
(a) Make the ship seaworthy.
(b) Properly man, equip and supply the ship.
(c) Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are
carried, fit and safe for their reception, carriage and preservation.
2. Subject to the provisions of Article 4, the carrier shall properly and carefully load, handle, stow,
carry, keep, care for, and discharge the goods carried.
3. After receiving the goods into his charge the carrier or the master or agent of the carrier shall, on
demand of the shipper, issue to the shipper a bill of lading showing among other things:
(a) The leading marks necessary for identification of the goods as the same are furnished in writing by
the shipper before the loading of such goods starts, provided such marks are stamped or otherwise
shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are
contained, in such a manner as should ordinarily remain legible until the end of the voyage.
(b) Either the number of packages or pieces, or the quantity, or weight, as the case may be, as
furnished in writing by the shipper.
(c) The apparent order and condition of the goods.
Provided that no carrier, master or agent of the carrier shall be bound to state or show in the bill of
lading any marks, number, quantity, or weight which he has reasonable ground for suspecting not
accurately to represent the goods actually received, or which he has had no reasonable means of
checking.
4. Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as
therein described in accordance with paragraph 3(a), (b) and (c).
5. The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment
of the marks, number, quantity and weight, as furnished by him, and the shipper shall indemnity the
carrier against all loss, damages and expenses arising or resulting from inaccuracies in such
particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability
under the contract of carriage to any person other than the shipper.
6. Unless notice of loss or damage and the general nature of such loss or damage be given in writing
to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into
the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or
damage be not apparent, within three days, such removal shall be prima facie evidence of the delivery
by the carrier of the goods as described in the bill of lading.
If the loss or damage is not apparent, the notice must be given within three days of the delivery of the
goods.
The notice in writing need not be given if the state of the goods has, at the time of their receipt, been
the subject of joint survey or inspection.
In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage
unless suit is brought within one year after delivery of the goods or the date when the goods should
have been delivered.
In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all
reasonable facilities to each other for inspecting and tallying the goods.
7. After the goods are loaded the bill of lading to be issued by the carrier, master, or agent of the
carrier, to the shipper shall, if the shipper so demands, be a "shipped" bill of lading, provided that if the
shipper shall have previously taken up any document of title to such goods, he shall surrender the
same as against the issue of the "shipped" bill of lading, but at the option of the carrier such document
of title may be noted at the port of shipment by the carrier, master, or agent with the name or names of
the ship or ships upon which the goods have been shipped and the date or dates of shipment, and
when so noted, if it shows the particulars mentioned in paragraph 3 of Article 3, shall for the purpose
of this Article be deemed to constitute a "shipped" bill of lading.
8. Any clause, covenant, or agreement in a contract of carriage relieving the carrier or the ship from
liability for loss or damage to, or in connexion with, goods arising from negligence, fault, or failure in
the duties and obligations provided in this Article or lessening such liability otherwise than as provided
in this Convention, shall be null and void and of no effect. A benefit of insurance in favour of the carrier
or similar clause shall be deemed to be a clause relieving the carrier from liability.
Article 4
1. Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from
unseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship
seaworthy and to secure that the ship is properly manned, equipped and supplied, and to make the
holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and
safe for their reception, carriage and preservation in accordance with the provisions of paragraph 1 of
Article 3. Whenever loss or damage has resulted from unseaworthiness the burden of proving the
exercise of due diligence shall be on the carrier or other person claiming exemption under this Article.
2. Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from:
(a) Act, neglect, or default of the master, mariner, pilot, or the servants of the carrier in the navigation
or in the management of the ship.
(b) Fire, unless caused by the actual fault or privity of the carrier.
(c) Perils, dangers and accidents of the sea or other navigable waters.
(d) Act of God.
(e) Act of war.
(f) Act of public enemies.
(g) Arrest or restraint or princes, rulers or people, or seizure under legal process.
(h) Quarantine restrictions.
(i) Act or omission of the shipper or owner of the goods, his agent or representative.
(j) Strikes or lockouts or stoppage or restraint of labour from whatever cause, whether partial or
general.
(k) Riots and civil commotions.
(l) Saving or attempting to save life or property at sea.
(m) Wastage in bulk or weight or any other loss or damage arising from inherent defect, quality or vice
of the goods.
(n) Insufficiency of packing.
(o) Insufficiency or inadequacy of marks.
(p) Latent defects not discoverable by due diligence.
(q) Any other cause arising without the actual fault or privity of the carrier, or without the actual fault or
neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming
the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or
neglect of the agents or servants of the carrier contributed to the loss or damage.
3. The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising
or resulting from any cause without the act, fault or neglect of the shipper, his agents or his servants.
4. Any deviation in saving or attempting to save life or property at sea or any reasonable deviation
shall not be deemed to be an infringement or breach of this Convention or of the contract of carriage,
and the carrier shall not be liable for any loss or damage resulting therefrom.
5. Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or
in connexion with goods in an amount exceeding 100 pounds sterling per package or unit, or the
equivalent of that sum in other currency unless the nature and value of such goods have been
declared by the shipper before shipment and inserted in the bill of lading.
This declaration if embodied in the bill of lading shall be prima facie evidence, but shall not be binding
or conclusive on the carrier.
By agreement between the carrier, master or agent of the carrier and the shipper another maximum
amount than that mentioned in this paragraph may be fixed, provided that such maximum shall not be
less than the figure above named.
Neither the carrier nor the ship shall be responsible in any event for loss or damage to, or in connexion
with, goods if the nature or value thereof has been knowingly misstated by the shipper in the bill of
lading.
6. Goods of an inflammable, explosive or dangerous nature to the shipment whereof the carrier,
master or agent of the carrier has not consented with knowledge of their nature and character, may at
any time before discharge be landed at any place, or destroyed or rendered innocuous by the carrier
without compensation and the shipper of such goods shall be liable for all damage and expenses
directly or indirectly arising out of or resulting from such shipment. If any such goods shipped with
such knowledge and consent shall become a danger to the ship or cargo, they may in like manner be
landed at any place, or destroyed or rendered innocuous by the carrier without liability on the part of
the carrier except to general average, if any.
Article 5
A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities or to
increase any of his responsibilities and obligations under this Convention, provided such surrender or
increase shall be embodied in the bill of lading issued to the shipper.
The provisions of this Convention shall not be applicable to charter parties, but if bills of lading are
issued in the case of a ship under a charter party they shall comply with the terms of this Convention.
Nothing in these rules shall be held to prevent the insertion in a bill of lading of any lawful provision
regarding general average.
Article 6
Notwithstanding the provisions of the preceding Articles, a carrier, master or agent of the carrier and a
shipper shall in regard to any particular goods be at liberty to enter into any agreement in any terms as
to the responsibility and liability of the carrier for such goods, and as to the rights and immunities of
the carrier in respect of such goods, or his obligation as to seaworthiness, so far as this stipulation is
not contrary to public policy, or the care or diligence of his servants or agents in regard to the loading,
handling, stowage, carriage, custody, care and discharge of the goods carried by sea, provided that in
this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in
a receipt which shall be a nonnegotiable document and shall be marked as such.
Any agreement so entered into shall have full legal effect.
Provided that this Article shall not apply to ordinary commercial shipments made in the ordinary
course of trade, but only to other shipments where the character or condition of the property to be
carried or the circumstances, terms and conditions under which the carriage is to be performed are
such as reasonably to justify a special agreement.
Article 7
Nothing herein contained shall prevent a carrier or a shipper from entering into any agreement,
stipulation, condition, reservation or exemption as to the responsibility and liability of the carrier or the
ship for the loss or damage to, or in connexion with, the custody and care and handling of goods prior
to the loading on, and subsequent to, the discharge from the ship on which the goods are carried by
sea.
Article 8
The provisions of this Convention shall not affect the rights and obligations of the carrier under any
statute for the time being in force relating to the limitation of the liability of owners of seagoing
vessels.
Article 9
The monetary units mentioned in this Convention are to be taken to be gold value.
Those contracting States in which the pound sterling is not a monetary unit reserve to themselves the
right of translating the sums indicated in this Convention in terms of pound sterling into terms of their
own monetary system in round figures.
The national laws may reserve to the debtor the right of discharging his debt in national currency
according to the rate of exchange prevailing on the day of the arrival of the ship at the port of
discharge of the goods concerned.
Article 10
The provisions of this Convention shall apply to all bills of lading issued in any of the contracting
States.
Article 11
After an interval of not more than two years from the day on which the Convention is signed, the
Belgian Government shall place itself in communication with the Governments of the High Contracting
Parties which have declared themselves prepared to ratify the Convention, with a view to deciding
whether it shall be put into force. The ratifications shall be deposited at Brussels at a date to be fixed
by agreement among the said Governments. The first deposit of ratifications shall be recorded in a
procèsverbal signed by the representatives of the Powers which take part therein and by the Belgian
Minister of Foreign Affairs.
The subsequent deposit of ratifications shall be made by means of a written notification, addressed to
the Belgian Government and accompanied by the instrument of ratification.
A duly certified copy of the procèsverbal relating to the first deposit of ratifications, of the notifications
referred to in the previous paragraph, and also of the instruments of ratification accompanying them,
shall be immediately sent by the Belgian Government through the diplomatic channel to the Powers
who have signed this Convention or who have acceded to it. In the cases contemplated in the
preceding paragraph, the said Government shall inform them at the same time of the date on which it
received the notification.
Article 12
Nonsignatory States may accede to the present Convention whether or not they have been
represented at the International Conference at Brussels.
A State which desires to accede shall notify its intention in writing to the Belgian Government,
forwarding to it the document of accession, which shall be deposited in the archives of the said
Government.
The Belgian Government shall immediately forward to all the States which have signed or acceded to
the Convention a duly certified copy of the notification and of the act of accession, mentioning the date
on which it received the notification.
Article 13
The High Contracting Parties may at the time of signature, ratification or accession declare that their
acceptance of the present Convention does not include any or all of the selfgoverning dominions, or
of the colonies, overseas possessions, protectorates or territories under their sovereignty or authority,
and they may subsequently accede separately on behalf of any selfgoverning dominion, colony,
overseas possession, protectorate or territory excluded in their declaration. They may also denounce
the Convention separately in accordance with its provisions in respect of any selfgoverning dominion,
or any colony, overseas possession, protectorate or territory under their sovereignty or authority.
Article 14
The present Convention shall take effect, in the case of the States which have taken part in the first
deposit of ratifications, one year after the date of the protocol recording such deposit.
As respects the States which ratify subsequently or which accede, and also in cases in which the
Convention is subsequently put into effect in accordance with Article 13, it shall take effect six months
after the notifications specified in paragraph 2 of Article 11 and paragraph 2 of Article 12 have been
received by the Belgian Government.
Article 15
In the event of one of the contracting States wishing to denounce the present Convention, the
denunciation shall be notified in writing to the Belgian Government, which shall immediately
communicate a duly certified copy of the notification to all the other States, informing them of the date
on which it was received.
The denunciation shall only operate in respect of the State which made the notification, and on the
expiry of one year after the notification has reached the Belgian Government.
Article 16
Any one of the contracting States shall have the right to call for a fresh conference with a view to
considering possible amendments.
A State which would exercise this right should notify its intention to the other States through the
Belgian Government, which would make arrangements for convening the Conference.
DONE at Brussels, in a single copy, August 25th, 1924.
PROTOCOL OF SIGNATURE
At the time of signing the International Convention for the Unification of Certain Rules of Law relating
to Bills of Lading the Plenipotentiaries whose signatures appear below have adopted this Protocol,
which will have the same force and the same value as if its provisions were inserted in the text of the
Convention to which it relates.
The High Contracting Parties may give effect to this Convention either by giving it the force of law or
by including in their national legislation in a form appropriate to that legislation the rules adopted under
this Convention.
They may reserve the right:
1. To prescribe that in the cases referred to in paragraph 2(c) to (p) of Article 4 the holder of a bill of
lading shall be entitled to establish responsibility for loss or damage arising from the personal fault of
the carrier or the fault of his servants which are not covered by paragraph (a).
2. To apply Article 6 in so far as the national coasting trade is concerned to all classes of goods
without taking account of the restriction set out in the last paragraph of that Article.
DONE at Brussels, in single copy, August 25th, 1924.
