汉堡规则(中英文对照)

2021年1月25日发(作者：静若处子)
United Nations Convention on the
Carriage of Goods by Sea

(

(Hamburg, 31 March 1978)


PREAMBLE

THE STATES PARTIES TO THIS CONVENTION,

HAVING
RECOGNIZED

the
desirability
of
determining
by
agreement certain rules relating to the carriage of goods by sea,

HAVING DECIDED
to conclude a convention for this purpose and
have thereto agreed as follows:

PART I. GENERAL PROVISIONS

Article 1. Definitions

In this Convention:

1.

means
any
person
by
whom
or
in
whose
name
a
contract of carriage of goods by sea has been concluded with a
shipper.

2.
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.
whose
behalf
a
contract
of
carriage
of
goods
by
sea
has
been
concluded with a carrier, or any person by whom or in whose name
or on whose behalf the goods are actually delivered to the carrier
in relation to the contract of carriage by sea.

4.
goods.

5.
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.
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.
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.
inter alia
, telegram and telex.

Article 2. Scope of application

1. The provisions of this Convention are applicable to all contracts
of carriage by sea between two different States, if:

(a)
the port of loading as provided for in the contract of carriage
by sea is located in a Contracting State, or

(b)
the port of discharge as provided for in the contract of carriage
by sea is located in a Contracting State, or

(c)

one
of
the
optional
ports
of
discharge
provided
for
in
the
contract of carriage by sea is the actual port of discharge and such
port is located in a Contracting State, or

(d)
the bill of lading or other document evidencing the contract of
carriage by sea is issued in a Contracting State, or

(e)
the bill of lading or other document evidencing the contract of
carriage by sea provides that the provisions of this Convention or
the legislation of any State giving effect to them are to govern the
contract.

2. The provisions of this Convention are applicable without regard
to the nationality of the ship, the carrier, the actual carrier, the
shipper, the consignee or any other interested person.

3.
The
provisions
of
this
Convention
are
not
applicable
to
charter- parties. However, where a bill of lading is issued pursuant
to a charter-party, the provisions of the Convention apply to such
a bill of lading if it governs the relation between the carrier and
the holder of the bill of lading, not being the charterer.

4. If a contract provides for future carriage of goods in a series of
shipments
during
an
agreed
period,
the
provisions
of
this
Convention apply to each shipment. However, where a shipment is
made under a charter- party, the provisions of paragraph 3 of this
article apply.

Article 3. Interpretation of the Convention

In
the
interpretation
and
application
of
the
provisions
of
this
Convention regard shall be had to its international character and
to the need to promote uniformity.

PART II. LIABILITY OF THE CARRIER

Article 4. Period of responsibility

1.
The
responsibility
of
the
carrier
for
the
goods
under
this
Convention covers the period during which the carrier is in charge
of the goods at the port of loading, during the carriage and at the
port of discharge.

2.
For
the
purpose
of
paragraph
1
of
this
article,
the
carrier
is
deemed to be in charge of the goods

(a)
from the time he has taken over the goods from:

(i) the shipper, or a person acting on his behalf; or

(ii) an authority or other third party to whom, pursuant to law or
regulations applicable at the port of loading, the goods must be
handed over for shipment;

(b)
until the time he has delivered the goods:

(i) by handing over the goods to the consignee; or

(ii) in cases where the consignee does not receive the goods from
the carrier, by placing them at the disposal of the consignee in
accordance with the contract or with the law or with the usage of
the particular trade, applicable at the port of discharge; or

(iii) by handing over the goods to an authority or other third party
to whom, pursuant to law or regulations applicable at the port of
discharge, the goods must be handed over.

3. In paragraphs 1 and 2 of this article, reference to the carrier or
to the consignee means, in addition to the carrier or the consignee,
the
servants
or
agents,
respectively
of
the
carrier
or
the
consignee.

Article 5. Basis of liability

1. The carrier is liable for loss resulting from loss of or damage to
the
goods,
as
well
as
from
delay
in
delivery,
if
the
occurrence
which caused the loss, damage or delay took place while the goods
were in his charge as defined in article 4, unless the carrier proves
that
he,
his
servants
or
agents
took
all
measures
that
could
reasonably
be
required
to
avoid
the
occurrence
and
its
consequences.

2.
Delay
in
delivery
occurs
when
the
goods
have
not
been
delivered at the port of discharge provided for in the contract of
carriage by sea within the time expressly agreed upon or, in the
absence
of
such
agreement,
within
the
time
which
it
would
be
reasonable to require of a diligent carrier, having regard to the
circumstances of the case.

3. The person entitled to make a claim for the loss of goods may
treat the goods as lost if they have not been delivered as required
by article 4 within 60 consecutive days following the expiry of the
time for delivery according to paragraph 2 of this article.

4.
(a)
The carrier is liable

(i) for loss of or damage to the goods or delay in delivery caused by
fire,
if
the
claimant
proves
that
the
fire
arose
from
fault
or
neglect on the part of the carrier, his servants or agents;

(ii) for such loss, damage or delay in delivery which is proved by
the
claimant
to
have
resulted
from
the
fault
or
neglect
of
the
carrier,
his
servants
or
agents
in
taking
all
measures
that
could
reasonably be required to put out the fire and avoid or mitigate its
consequences.

(b)

In
case
of
fire on
board
the
ship
affecting
the
goods,
if
the
claimant
or
the
carrier
so
desires,
a
survey
in
accordance
with
shipping practices must be held into the cause and circumstances
of
the
fire,
and
a
copy
of
the
surveyors
report
shall
be
made
available on demand to the carrier and the claimant.

5. With respect to live animals, the carrier is not liable for loss,
damage
or
delay
in
delivery
resulting
from
any
special
risks
inherent in that kind of carriage. If the carrier proves that he has
complied with any special instructions given to him by the shipper
respecting the animals and that, in the circumstances of the case,
the loss, damage or delay in delivery could be attributed to such
risks, it is presumed that the loss, damage or delay in delivery was
so
caused,
unless
there
is
proof
that
all
or
a
part
of
the
loss,
damage or delay in delivery resulted from fault or neglect on the
part of the carrier, his servants or agents.

6. The carrier is not liable, except in general average, where loss,
damage or delay in delivery resulted from measures to save life or
from reasonable measures to save property at sea.

7. Where fault or neglect on the part of the carrier, his servants or
agents combines with another cause to produce loss, damage or
delay in delivery, the carrier is liable only to the extent that the
loss, damage or delay in delivery is attributable to such fault or
neglect, provided that the carrier proves the amount of the loss,
damage or delay in delivery not attributable thereto.

Article 6. Limits of liability

1.
(a)
The liability of the carrier for loss resulting from loss of or
damage to goods according to the provisions of article 5 is limited
to an amount equivalent to 835 units of account per package or
other shipping unit or 2.5 units of account per kilogram of gross
weight of the goods lost or damaged, whichever is the higher.

(b)
The liability of the carrier for delay in delivery according to
the provisions of article 5 is limited to an amount equivalent to
two and a half times the freight payable for the goods delayed,
but not exceeding the total freight payable under the contract of
carriage of goods by sea.

(c)

In
no
case
shall
the
aggregate
liability
of
the
carrier,
under
both
subparagraphs
(a)

and
(b)

of
this
paragraph,
exceed
the
limitation which would be established under subparagraph
(a)
of
this paragraph for
total loss of the goods with respect to which
such liability was incurred.

2. For the purpose of calculating which amount is the
higher in
accordance with paragraph 1
(a)
of this article, the following rules
apply:

(a)
Where a container, pallet or similar article of transport is used
to
consolidate
goods,
the
package
or
other
shipping
units
enumerated
in
the
bill
of
lading,
if
issued,
or
otherwise
in
any
other
document
evidencing
the
contract
of
carriage
by
sea,
as
packed
in
such
article
of
transport
are
deemed
packages
or
shipping
units.
Except
as
aforesaid
the
goods
in
such
article
of
transport are deemed one shipping unit.

(b)
In cases where the article of transport itself has been lost or
damaged,
that
article
of
transport,
if
not
owned
or
otherwise
supplied by the carrier, is considered one separate shipping unit.

3. Unit of account means the unit of account mentioned in article
26.

4.
By
agreement
between
the
carrier
and
the
shipper,
limits
of
liability exceeding those provided for in paragraph 1 may be fixed.

Article 7. Application to non-contractual claims

1.
The
defences
and
limits
of
liability
provided
for
in
this
Convention
apply
in
any
action
against
the
carrier
in
respect
of
loss of or damage to the goods covered by the contract of carriage
by
sea,
as
well
as
of
delay
in
delivery
whether
the
action
is
founded in contract, in tort or otherwise.

2. If such an action is brought against a servant or agent of the
carrier, such servant or agent, if he proves that he acted within
the scope of his employment, is entitled to avail himself of the
defences
and
limits
of
liability
which
the
carrier
is
entitled
to
invoke under this Convention.

3. Except as provided in article 8, the aggregate of the amounts
recoverable from the carrier and from any persons referred to in
paragraph 2 of this article shall not exceed the limits of liability
provided for in this Convention.

Article 8. Loss of right to limit responsibility

1. The carrier is not entitled to the benefit of the limitation of
liability
provided
for
in
article
6
if
it
is
proved
that
the
loss,
damage or delay in delivery resulted from an act or omission of
the
carrier
done
with
the
intent
to
cause
such
loss,
damage
or
delay, or recklessly and with knowledge that such loss, damage or
delay would probably result.

2.
Notwithstanding
the
provisions
of
paragraph
2
of
article
7,
a
servant or agent of the carrier is not entitled to the benefit of the
limitation of liability provided for in article 6 if it is proved that
the
loss,
damage
or
delay
in
delivery
resulted
from
an
act
or
omission of such servant or agent, done with the intent to cause
such loss, damage or delay, or recklessly and with knowledge that
such loss, damage or delay would probably result.

Article 9. Deck cargo

1. The carrier is entitled to carry the goods on deck only if such
carriage is in accordance with an agreement with the shipper or
with the usage of the particular trade or is required by statutory
rules or regulations.

2. If the carrier and the shipper have agreed that the goods shall
or may be carried on deck, the carrier must insert in the bill of
lading or other document evidencing the contract of carriage by
sea a statement to that effect. In the absence of such a statement
the
carrier
has
the
burden
of
proving
that
an
agreement
for
carriage on deck has been entered into; however, the carrier is
not
entitled
to
invoke
such
an
agreement
against
a
third
party,
including a consignee, who has acquired the bill of lading in good
faith.

3.
Where
the
goods
have
been
carried
on
deck
contrary
to
the
provisions of paragraph 1 of this article or where the carrier may
not
under
paragraph
2
of
this
article
invoke
an
agreement
for
carriage
on
deck,
the
carrier,
notwithstanding
the
provisions
of
paragraph
1
of
article
5,
is
liable
for
loss
of
or
damage
to
the
goods, as well as for delay in delivery, resulting solely from the
carriage
on
deck,
and
the
extent
of
his
liability
is
to
be
determined
in
accordance
with
the
provisions
of
article
6
or
article 8 of this Convention, as the case may be.

4. Carriage of goods on deck contrary to express agreement for
carriage
under
deck
is
deemed
to
be
an
act
or
omission
of
the
carrier within the meaning of article 8.

Article 10. Liability of the carrier and actual carrier

1. Where the performance of the carriage or part thereof has been
entrusted to an actual carrier, whether or not in pursuance of a
liberty under the contract of carriage by sea to do so, the carrier
nevertheless remains responsible for the entire carriage according
to the provisions of this Convention. The carrier is responsible, in
relation to the carriage performed by the actual carrier, for the
acts
and
omissions
of
the
actual
carrier
and
of
his
servants
and
agents acting within the scope of their employment.

2. All the provisions of this Convention governing the responsibility
of the carrier also apply to the responsibility of the actual carrier
for the carriage performed by him. The provisions of paragraphs 2
and 3 of article 7 and of paragraph 2 of article 8 apply if an action
is brought against a servant or agent of the actual carrier.

3.
Any
special
agreement
under
which
the
carrier
assumes
obligations
not
imposed
by
this
Convention
or
waives
rights
conferred
by
this
Convention
affects
the
actual
carrier
only
if
agreed
to
by
him
expressly
and
in
writing.
Whether
or
not
the
actual
carrier
has
so
agreed,
the
carrier
nevertheless
remains
bound
by
the
obligations
or
waivers
resulting
from
such
special
agreement.

4. Where and to the extent that both the carrier and the actual
carrier are liable, their liability is joint and several.

5. The aggregate of the amounts recoverable from the carrier, the
actual carrier and their servants and agents shall not exceed the
limits of liability provided for in this Convention.

6. Nothing in this article shall prejudice any right of recourse as
between the carrier and the actual carrier.

Article 11. Through carriage

1.
Notwithstanding
the
provisions
of
paragraph
1
of
article
10,
where
a
contract
of
carriage
by
sea
provides
explicitly
that
a
specified part of the carriage covered by the said contract is to be
performed by a named person other than the carrier, the contract
may also provide that the carrier is not liable for loss, damage or
delay in delivery caused by an occurrence which takes place while
the goods are in the charge of the actual carrier during such part
of the carriage. Nevertheless, any stipulation limiting or excluding
such
liability
is
without
effect
if
no judicial
proceedings
can
be
instituted against the actual carrier in a court competent under
paragraph 1 or 2 of article 21. The burden of proving that any loss,
damage
or
delay
in
delivery
has
been
caused
by
such
an
occurrence rests upon the carrier.

2.
The
actual
carrier
is
responsible
in
accordance
with
the
provisions of paragraph 2 of article 10 for loss, damage or delay in
delivery
caused
by
an
occurrence
which
takes
place
while
the
goods are in his charge.

PART III. LIABILITY OF THE SHIPPERS

Article 12. General rule

The shipper is not liable for loss sustained by the carrier or the
actual carrier, or for damage sustained by the ship, unless such
loss or damage was caused by the fault or neglect of the shipper,
his servants or agents. Nor is any servant or agent of the shipper
liable
for
such
loss
or
damage
unless
the
loss
or
damage
was
caused by fault or neglect on his part.

Article 13. Special rules on dangerous goods

1. The shipper must mark or label in a suitable manner dangerous
goods as dangerous.

2. Where the shipper hands over dangerous goods to the carrier or
an actual carrier, as the case may be, the shipper must inform him
of the dangerous character of the goods and, if necessary, of the
precautions
to
be
taken.
If
the
shipper
fails
to
do
so
and
such
carrier
or
actual
carrier
does
not
otherwise
have
knowledge
of
their dangerous character:

(a)
the shipper is liable to the carrier and any actual carrier for
the loss resulting from the shipment of such goods, and

(b)
the goods may at any time be unloaded, destroyed or rendered
innocuous, as the circumstances may require, without payment of
compensation.

3. The provisions of paragraph 2 of this article may not be invoked
by any person if during the carriage he has taken the goods in his
charge with knowledge of their dangerous character.

4. If, in cases where the provisions of paragraph 2, subparagraph
(b)
, of this article do not apply or may not be invoked, dangerous
goods become an actual danger to life or property, they may be
unloaded, destroyed or rendered innocuous, as the circumstances
may
require,
without
payment
of
compensation
except
where
there is an obligation to contribute in general average or where
the carrier is liable in accordance with the provisions of article 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
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

bill
of
lading.
The
carrier
may
amend
any
previously issued document in order to meet the shippers demand
for
a

bill
of
lading
if,
as
amended,
such
document
includes
all
the
information
required
to
be
contained
in
a


3.
The
absence
in
the
bill
of
lading
of
one
or
more
particulars
referred to in this article does not affect the legal character of the
document as a bill of lading provided that it nevertheless meets
the requirements set out in paragraph 7 of article 1.

Article
16.
Bills
of
lading:
reservations
and
evidentiary effect

1. If the bill of lading contains particulars concerning the general
nature, leading marks, number of packages of pieces, weight or
quantity of the goods which the carrier or other person issuing the
bill
of
lading
on
his
behalf
knows
or
has
reasonable
grounds
to
suspect do not accurately represent the goods actually taken over
or, where a
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
the goods as described in the bill of lading; and

(b)
proof to the contrary by the carrier is not admissible if the bill
of
lading
has
been
transferred
to
a
third
party,
including
a
consignee,
who
in
good
faith
has
acted
in
reliance
on
the
description of the goods therein.

4.
A
bill
of
lading
which
does
not,
as
provided
in
paragraph
1,
subparagraph
(k)
, of article 15, set forth the freight or otherwise
indicate that freight is payable by the consignee or does not set
forth
demurrage
incurred
at
the
port
of
loading
payable
by
the
consignee,
is
prima
facie

evidence
that
no
freight
or
such
demurrage is payable by him. However, proof to the contrary by
the
carrier
is
not
admissible
when
the
bill
of
lading
has
been
transferred to a third party, including a consignee, who in good
faith has acted in reliance on the absence in the bill of lading of
any such indication.


Article 17. Guarantees by the shipper

1. The shipper is deemed to have guaranteed to the carrier the
accuracy of particulars relating to the general nature of the goods,
their marks, number, weight and quantity as furnished by him for
insertion
in
the
bill
of
lading.
The
shipper
must
indemnify
the
carrier
against
the
loss
resulting
from
inaccuracies
in
such
particulars. The shipper remains liable even if the bill of lading
has
been
transferred
by
him.
The
right
of
the
carrier
to
such
indemnity
in
no
way
limits
his
liability
under
the
contract
of
carriage by sea to any person other than the shipper.

2.
Any
letter
of
guarantee
or
agreement
by
which
the
shipper
undertakes to indemnify the carrier against loss resulting from the
issuance of the bill of lading by the carrier, or by a person acting
on
his
behalf,
without
entering
a
reservation
relating
to
particulars
furnished
by
the
shipper
for
insertion
in
the
bill
of
lading, or to the apparent condition of the goods, is void and of no
effect as against any third party, including a consignee, to whom
the bill of lading has been transferred.

3. Such a letter of guarantee or agreement is valid as against the
shipper unless the carrier or the person acting on his behalf, by
omitting the reservation referred to in paragraph 2 of this article,
intends to defraud a third party, including a consignee, who acts
in reliance on the description of the goods in the bill of lading. In
the latter case, if the reservation omitted relates to particulars
furnished
by
the
shipper
for
insertion
in
the
bill
of
lading,
the
carrier
has
no
right
of
indemnity
from
the
shipper
pursuant
to
paragraph 1 of this article.

4. In the case of intended fraud referred to in paragraph 3 of this
article, the carrier is liable, without the benefit of the limitation
of liability provided for in this Convention, for the loss incurred by
a
third
party,
including
a
consignee,
because
he
has
acted
in
reliance on the description of the goods in the bill of lading.

Article 18. Documents other than bills of lading

Where a carrier issues a document other than a bill of lading to
evidence the receipt of the goods to be carried, such a document
is
prima
facie
evidence
of
the
conclusion
of
the
contract
of
carriage by sea and the taking over by the carrier of the goods as
therein described.

PART V. CLAIMS AND ACTIONS

Article 19. Notice of loss, damage or delay

1. Unless notice of loss or damage, specifying the general nature
of such loss or damage, is given in writing by the consignee to the
carrier
not
later
than
the
working
day
after
the
day
when
the
goods
were
handed
over
to
the
consignee,
such
handing
over
is
prima facie
evidence of the delivery by the carrier of the goods as
described in the document of transport or, if no such document
has been issued, in good condition.

2.
Where
the
loss
or
damage
is
not
apparent,
the
provisions
of
paragraph
1
of
this
article
apply
correspondingly
if
notice
in
writing is not given within 15 consecutive days after the day when
the goods were handed over to the consignee.

3. If the state of the goods at the time they were handed over to
the consignee has been the subject of a joint survey or inspection
by
the
parties,
notice
in
writing
need
not
be
given
of
loss
or
damage ascertained during such survey or inspection.

4. In the case of any actual or apprehended loss or damage, the
carrier
and
the
consignee
must
give
all
reasonable
facilities
to
each other for inspecting and tallying the goods.

5. No compensation shall be payable for loss resulting from delay
in delivery unless a notice has been given in writing to the carrier
within
60
consecutive
days
after
the
day
when
the
goods
were
handed over to the consignee.

6.
If
the
goods
have
been
delivered
by
an
actual
carrier,
any
notice given under this article to him shall have the same effect as
if
it
had
been
given
to
the
carrier;
and
any
notice given
to
the
carrier shall have effect as if given to such actual carrier.

7. Unless notice of loss or damage, specifying the general nature
of the loss or damage, is given in writing by the carrier or actual
carrier to the shipper not later than 90 consecutive days after the
occurrence
of
such
loss
or
damage
or
after
the
delivery
of
the
goods in accordance with paragraph 2 of article 4, whichever is
later, the failure to give such notice is
prima facie
evidence that
the carrier or the actual carrier has sustained no loss or damage
due to the fault or neglect of the shipper, his servants or agents.

8. For the purpose of this article, notice given to a person acting
on the carriers or the actual carriers behalf, including the master
or the officer in charge of the ship, or to a person acting on the
shippers behalf is deemed to have been given to the carrier, to the
actual carrier or to the shipper, respectively.


Article 20. Limitation of actions

1. Any action relating to carriage of goods under this Convention is
time-barred
if
judicial
or
arbitral
proceedings
have
not
been
instituted within a period of two years.

2.
The
limitation
period
commences
on
the
day
on
which
the
carrier has delivered the goods or part thereof or, in cases where
no goods have been delivered, on the last day on which the goods
should have been delivered.

3.
The
day
on
which
the
limitation
period
commences
is
not
included in the period.

4.
The
person
against
whom
a
claim
is
made
may
at
any
time
during the running of the limitation period extend that period by a
declaration in writing to the claimant. This period may be further
extended by another declaration or declarations.

5.
An
action
for
indemnity
by
a
person
held
liable
may
be
instituted
even
after
the
expiration
of
the
limitation
period
provided for in the preceding paragraphs if instituted within the
time
allowed
by
the
law
of
the
State
where
proceedings
are
instituted.
However,
the
time
allowed
shall not
be
less
than
90
days commencing from the day when the person instituting such
action for indemnity has settled the claim or has been served with
process in the action against himself.

Article 21. Jurisdiction

1. In judicial proceedings relating to carriage of goods under this
Convention the plaintiff, at his option, may institute an action in a
court which according to the law of the State where the court is
situated,
is
competent
and
within
the
jurisdiction
of
which
is
situated one of the following places:

(a)
the principal place of business or, in the absence thereof, the
habitual residence of the defendant; or

(b)

the
place
where
the
contract
was
made,
provided
that
the
defendant has there a place of business, branch or agency through
which the contract was made; or

(c)
the port of loading or the port of discharge; or

(d)

any
additional
place
designated
for
that
purpose
in
the
contract of carriage by sea.

2.
(a)
Notwithstanding the preceding provisions of this article, an
action may
be instituted in the courts of any port or place in a
Contracting State at which the carrying vessel or any other vessel
of the same ownership may have been arrested in accordance with
applicable rules of the law of that State and of international law.
However,
in
such
a
case,
at
the
petition
of
the
defendant,
the
claimant
must
remove
the
action,
at
his
choice,
to
one
of
the
jurisdictions
referred
to
in
paragraph
1
of
this
article
for
the
determination
of
the
claim,
but
before
such
removal
the
defendant must furnish security sufficient to ensure payment of
any judgement that may subsequently be awarded to the claimant
in the action.

(b)

All
questions
relating
to
the
sufficiency
or
otherwise
of
the
security shall be determined by the court of the port or place of
the arrest.

3. No judicial proceedings relating to carriage of goods under this
Convention may be instituted in a place not specified in paragraph
1
or
2
of
this
article.
The
provisions
of
this
paragraph
do
not
constitute an obstacle to the jurisdiction of the Contracting States
for provisional or protective measures.

4.
(a)
Where an action has been instituted in a court competent
under
paragraphs
1
or
2
of
this
article
or
where
judgement
has
been
delivered
by
such
a
court,
no
new
action
may
be
started
between
the
same
parties
on
the
same
grounds
unless
the
judgement
of
the
court
before
which
the
first
action
was
instituted
is
not
enforceable
in
the
country
in
which
the
new
proceedings are instituted;

(b)
For the purpose of this article, the institution of measures with
a
view
to
obtaining
enforcement
of
a
judgement
is
not
to
be
considered as the starting of a new action;

(c)
For the purpose of this article, the removal of an action to a
different court within the same country, or to a court in another
country, in accordance with paragraph 2
(a)
of this article, is not
to be considered as the starting of a new action.

5. Notwithstanding the provisions of the preceding paragraphs, an
agreement made by the parties, after a claim under the contract
of carriage by sea has arisen, which designates the place where
the claimant may institute an actions, is effective.

Article 22. Arbitration

1. Subject to the provisions of this article, parties may provide by
agreement evidenced in writing that any dispute that may arise
relating
to
carriage
of
goods
under
this
Convention
shall
be
referred to arbitration.

2. Where a charter-party contains a provision that disputes arising
thereunder
shall
be
referred
to
arbitration
and
a
bill
of
lading
issued
pursuant
to
the
charter-party
does
not
contain
special
annotation providing that such provision shall be binding upon the
holder
of
the
bill
of
lading,
the
carrier
may
not
invoke
such
provision as against a holder having acquired the bill of lading in
good faith.

3. The arbitration proceedings shall, at the option of the claimant,
be instituted at one of the following places:

(a)
a place in a State within whose territory is situated:

(i)
the
principal
place
of
business
of
the
defendant
or,
in
the
absence thereof, the habitual residence of the defendant; or

(ii)
the
place
where
the
contract
was
made,
provided
that
the
defendant has there a place of business, branch or agency through
which the contract was made; or

(iii) the port of loading or the port of discharge; or

(b)
any place designated for that purpose in the arbitration clause
or agreement.

4.
The
arbitrator
or
arbitration
tribunal
shall
apply
the
rules
of
this Convention.

5. The provisions of paragraphs 2 and 4 of this article are deemed
to be part of every arbitration clause or agreement, and any term
of such clause or agreement which is inconsistent therewith is null
and void.

6.
Nothing
in
this
article
affects
the
validity
of
an
agreement
relating to arbitration made by the parties after the claim under
the contract of carriage by sea has arisen.

PART VI. SUPPLEMENTARY PROVISIONS

Article 23. Contractual stipulations

1.
Any
stipulation
in
a
contract
of
carriage
by
sea,
in
a
bill
of
lading,
or
in
any
other
document
evidencing
the
contract
of
carriage by sea is null and void to the extent that it derogates,
directly or indirectly, from the provisions of this Convention. The
nullity
of
such
a
stipulation
does
not
affect
the
validity
of
the
other provisions of the contract or document of which it forms a
part. A clause assigning benefit of insurance of goods in favour of
the carrier, or any similar clause, is null and void.

2. Notwithstanding the provisions of paragraph 1 of this article, a
carrier may increase his responsibilities and obligations under this
Convention.

3. Where a bill of
lading or any other document evidencing the
contract of carriage by sea is issued, it must contain a statement
that the 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: