The Hague–Visby Rules is a set of international rules for the international carriage of goods by sea. They are a slightly updated version of the original Hague Rules which were If the Rules apply, the entire text of Rules is incorporated into the contract of carriage, and any attempt to exclude the Rules is void under Article III. ratified the original Convention adopting the Hague Rules and therefore cannot be considered as Hague Rules or the Hague/Visby Rules by reference into the bill of lading The purpose of this . and is not dealt with in this text. I. Matters regulated by the Hague-Visby Rules, the Hamburg Rules and the .. the Rules nevertheless apply in respect of parties other than the original.
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Visby Rules (Brussels )
Article 3 Between Articles 4 and 5 of the Convention shall be inserted the following Article 4 bis: Article 17 The Belgian Government shall notify the States represented at the twelfth session of the Diplomatic Conference on Maritime Law, the acceding States to this Protocol, and the States Parties to the Convention, of the following: The Hague—Visby Rules were incorporated into English law by the Carriage of Goods by Sea Act ; and English lawyers should note the provisions of the statute as well as the text of the rules.
DONE at Brussels, this 23rd day of Februaryin the French and English languages, both texts being equally authentic, in a single copy, which shall remain deposited in the archives of the Belgian Government, which shall issue certified copies.
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 gull described in the bill of lading.
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 fulk ship seaworthy, and to secure that the ship is properly manned, equipped and supplied, and to make the holds, hauge 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 III.
When, after 44 years of experience, the Rules were updated with a single minor amendment, they still covered only carriage wholly by sea thereby ignoring multi-modal transportand they barely acknowledged the container revolution of the s. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.
Article 1 1 In Article 3, paragraph 4, shall be added: Each Contracting State shall apply the provisions of this Convention to the Bills of Lading mentioned above.
If such an action is brought against a servant or agent of the carrier such servant or agent not being an independent contractorsuch servant or agent shall be entitled to avail himself of the defences and limits of liability which the carrier is entitled to invoke under these Rules. Article 13 1 This Protocol shall come into force three months after the date of the deposit of ten instruments of ratification or accession, of which at least five shall have been deposited by States that have each a tonnage equal or superior to one million gross tons of tonnage.
During ratification a British protectorate. The defences and limits of liability provided for in this Convention shall apply in any action against the carrier in respect of loss or damage to goods covered by a contract of carriage whether the action be founded in contract or in tort. They are a slightly updated version of the original Hague Rules which were drafted in Brussels in A controversial provision exempts the carrier from liability for “neglect or default of the master The aggregate of the amounts recoverable from the carrier, and such servants and agents, shall in no case exceed the limit provided for in this Convention.
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. Under the Rules, the carrier’s main duties are to “properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried” and to “exercise due diligence to The carrier shall be bound before and at the beginning of the voyage to exercise due diligence to: W3 since October 3 – The notifications with regard to the territorial application in accordance with Article The value of the goods shall be fixed according to the commodity exchange price, or, if there be no such price, according to the current market price, or, if there be no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality.
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. 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 Party to this Protocol shall have no duty to apply the provisions of this Protocol to Bills of Lading issued in a State which is a Party to the Convention but which is not a Party to this Protocol.
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 these Rules, provided such surrender or increase shall be embodied in the bill of lading issued to the shipper.
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 indemnify the carrier against all loss, damages and expenses arising or resulting from inaccuracies in such particulars.
Subject to paragraph 6bis the carrier and the ship shall in any event be discharged from all liability whatsoever in respect of the goods, unless suit is brought within one year of their delivery or of the date when they should have been delivered. Admiralty court Vice admiralty court.
This period, may however, be extended if the parties so agree after the cause of action has arisen. Except as aforesaid such article of transport shall be considered the package or unit. Article 8 Any dispute between two or more Contracting Parties concerning the interpretation or application of the Convention which cannot be settled through negotiation, shall, at the request of one of them, be submitted to arbitration.
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 damages and expenses directly or indirectly arising out of or resulting from such shipment.
The Hague-Visby Rules – The Hague Rules as Amended by the Brussels Protocol
Manifest Sea Carriage sisudoc. This provision is considered unfair to the shipper; and both the later Hamburg Rules which require contracting states to denounce the Hague—Visby Rules and Rotterdam Rules which are not yet in force refuse exemption for negligent navigation and management. Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance riles paragraph 3 ab and c.
The Hague—Visby Rules is a set of international rules for the international carriage of goods by sea.
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 9 1 Each Contracting Party may at the time of signature or ratification of this Protocol or accession thereto, declare that it does not consider itself bound by Article 8 of this Protocol. Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from: JohnsonL.
This page was last edited on 23 Novemberat The other Contracting Parties shall not be bound by this Article with respect to any Contracting Party having made such fhll reservation. The last two paragraphs of this Article are not reproduced.
The date of conversion of the sum awarded into national currencies shall be governed by the law of the Court seized of the case.
The Protocol shall three months after the date of the receipt of such notification by the Belgian Government extend to the territories fll therein, but not before the date of the coming into force of the Protocol in respect of such State. 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. Article 4 Article 9 of the Convention shall be deleted vsby replaced by the following: Article 15 1 Any Contracting State may at the time of signature, ratification or accession or at any time thereafter declare by written notification to the Belgian Full which among the territories txet its sovereignty or for whose international relations it is responsible, are those to which the present Protocol applies.
Saint Vincent and the Grenadines. The denunciations received in accordance with Article However, the time allowed shall be not less than three months, commencing from the day when the person bringing such action for indemnity has settled the claim or has been served with process in the action against himself. Democratic Republic of the Congo. Saint Christopher and Nevis.