difference between hague visby hamburg

8/20/2019 Difference Between Hague Visby Hamburg

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CARGO CONVENTIONSComparing Hague, Hague/Visbyand Hamburg Rules incorporatingUS COGSA 1924

S h i p p i n g

‘ A t A G

l a n c e ’ G u

i d e

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Whilst care has been taken in the preparation of this guide, the matters referred to herein are subject to change andno liability or responsibility is accepted by anyone for any errors or omissions which may exist in it.The contents of this booklet are descriptive only and should not be used as a substitute for legal advice.

www.htd-law.com

Contents

Section: Page No.

Parties to the Conventions and the Countries which apply the Rules 2/3

1 Which voyages covered? 4

2 Which contracts covered? 4

3 Geographical application 4

4 Who is the carrier? 4

5 Contract and tort claims 4

6 Carrier’s general duty of care 4

7 Carrier’s defences 5

8 Burden of proof 5

9 Fire 6

10 Live animals 6

11 Deck cargo 6

12 Dangerous cargo 6

13 Limits of liability 6

14 Loss of right to limit liability 7

15 Lower limits by agreement 7

16 Higher limits by agreement 7

17 Deviation 7

18 What is the effect of statements in the B/L? 7

19 What information must the B/L contain? 8

20 Duties of shipper in supplying carrier with information 9

21 Letters of indemnity 9

22 Notification of damage 923 Consequences of failing to notify carrier of loss under 22 above 9

24 Limitation of action 9

25 Where can cargo owner commence proceedings? 9

26 Arbitration 10

27 General average 10

28 Provisions which conflict with the Rules 10

Hil Dickinson thanks Michael Chalos of Fowler Rodriguez & Chalos, 366 Main Street, Port Washington, New York, NY 11050, tel: +1 516 767 3600for the section on US COGSA.

Cargo Conventions


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Parties to the Conventions and the Countries which

apply the Rules

Albania

Algeria

Angola

Anguilla

Antigua and Barbuda

Argentina

Australia

Austria

Bahamas

Bangladesh

Barbados

Belgium

Belize

Bermuda

Bolivia

Botswana

British Virgin Islands

Brunei

Burkina Faso

Burundi

Cameroon

Canada

Cape Verde

Cayman Islands

Chile

China

ComorosCongo, Democratic Republic of the

Cote d'Ivoire

Croatia

Cuba

Cyprus

Czech Republic

Denmark

Djibouti

Dominica

Dominican Republic

East Timor

Ecuador

Egypt

Estonia

Falkland Islands

Fiji

SDR Protocol

By application of local law

Hague-Visby

Hague-Visby

Hamburg

Hamburg

Hague-Visby

Hague

Hague

Hague-Visby

Hague-Visby

Hague

Hamburg

Hague

Hague

Hague-Visby 1

Hamburg

Hague-Visby

Hague/Hague-Visby

Hague-Visby

Hague

Hague/Hague-Visby

Hague-Visby

Hague

Hague-Visby

Hamburg

Hamburg 2

Hague

HamburgHamburg

Hague-Visby

Hague

Hague

Hamburg

Hague

Hague

Hague-Visby

Hague

Hague-Visby

Hague

Hague

Hague

Hague

Hague/Hague-Visby

Hague-Visby/Hamburg

Hamburg

Hague

Hague

Hamburg

Hague-Visby

Hague

Hague-Visby

Hague

Hamburg

Hague-Visby

Hague

Hamburg

Hamburg

Hamburg

Hague/Hague-Visby

Hague

Hague-Visby

Hamburg

Hague-Visby/Hamburg

Hague

Hague

Hague-Visby

Hague

Hague

Hamburg

Hague-Visby

Hague

Hague

Hague

Hague-Visby

Hamburg

Hague

Hague-Visby

Hague

2

Finland

France

Gambia

Georgia

Germany

Ghana

Goa

Gibraltar

Greece

Grenada

Guinea

Guinea-Bissau

Guyana

Hong Kong

Hungary

Iceland

India

Indonesia

Iran

Israel

Italy

Jamaica

Japan

Jordan

Kenya

Kuwait

LebanonLesotho

Liechtenstein

Luxembourg

Macau

Madagascar

Malawi

Malaysia

Marshall Islands

Martinique

Mauritania

Mauritius

Mexico

Micronesia, Federated States of

Moldova

Monaco

Montserrat


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Hamburg

Hague

Hague

Hague-Visby

Hague-Visby

Hamburg

Hague-Visby

Hague-Visby

Hague

Hague

Hague

Hague-Visby

Hague

Hague

Hague-Visby

Hague/Hague-Visby

Hamburg

Hague-Visby

Hague

Hague

Hague

Hague

Hamburg

Hague

Hamburg

Hague

HagueHamburg

Hague-Visby

Hamburg

Hague

Hague

Hague

Hague-Visby

Hague-Visby

Hague-Visby

Hague-Visby

Hague-Visby

Hague-Visby

Hague

Hamburg

Hague-Visby/Hamburg 3

Hague-Visby

Hague

Hamburg

Hague

Hague-Visby

Hague

Hamburg

Hague-Visby

Hague -Visby

Hague-Visby

Hague

None 4

Hague-Visby/Hamburg

Hague-VisbyHague

3

Cargo Conventions

Slovakia

Slovenia

Solomon Islands

Somalia

South Africa

Spain

Sri Lanka

Sweden

Switzerland

Syria

Taiwan

Tanzania

Thailand

Tonga

Trinidad and Tobago

Tunisia

Turkey

Turks and Caicos Islands

Tuvalu

Uganda

Ukraine

United Arab Emirates

United Kingdom

United States

Uruguay

Venezuela

VietnamZambia

Morocco

Mozambique

Nauru

Netherlands

New Zealand

Nigeria

Norway

Oman

Pakistan

Panama

Papua New Guinea

Paraguay

Peru

Philippines

Poland

Portugal

Romania

Russian Federation

Sabah

Saint Helena

Saint Kitts and Nevis

Saint Lucia

Saint Vincent and the Grenadines

Sao Tome and Principe

Senegal

Serbia and Montenegro

SeychellesSierra Leone

Singapore

1 The Government of the People's Republic of China confirmed by letter of 4 June 1997 to the Depositary that the Hague-Visby Rules

and SDR Protocol continue to apply to the Hong Kong Special Administrative Region, with reservations concerning Article 8 of the

Visby Protocol and Article 3 of the SDR Protocol.

2 Hamburg Rules may not be applied to claims in practice.

3 By application of local law. Amendment to COGSA B.E. 2534 is being considered at the time of publication.

4 Local law will acknowledge some rights of limitation.


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Hague Rules Hamburg Rules Present US COGSA

1. Which voyagescovered?

2. Which contractscovered?

3. Geographicalapplication

4. Who is the carrier?

5. Contract andtort claims

6. Carrier’s general

duty of care

Rules are silent.

Art 1(b)Bill of lading or “other similar document of title”.Not charterparties.

‘Straight’ bills of lading will be considered as “documents oftitle” for the purposes of the Rules. See The Rafaela S [2003]

2 Lloyd’s Rp. 113, CA.

Art 1(e)“covers the period from the time when the goods are loadedon to the time when they are discharged fromthe ship”.

Art 1 (a)Owner or charterer “who enters into contract of carriagewith a shipper”.

Art III

1. Carrier must exercise due diligence before and atbeginning of voyage to:(a) make ship seaworthy;(b) properly man, equip and supply the ship;(c) make holds etc. fit and safe for reception, carriage andpreservation of cargo.2. Carrier must properly and carefully load, handle, stow,carry, keep, care for and discharge goods.

Rules are silent. May apply to just contract claims. Appliesto both under English law.

Art IV bisApply to contract andtort claims.

Shipments to and fromthe United States inforeign trade.

46 U.S.C.A. § 1300.

Contracts of carriage coveredby a B/L or any similardocument of title issuedunder or pursuant to a C/Pfrom the moment at whichsuch document of titleregulates the relationsbetween a carrier and aholder of the same.46 U.S.C.A. § 1301 (b).

Covers the period from thetime when the goods areloaded until the time whenthey are discharged from theship.

46 U.S.C.A. § 1301 (e).

The carrier includes theowner or the charterer whoenters into a contract ofcarriage with a shipper.46 U.S.C.A. § 1301 (a).

Act is silent, but byconstruction of courts COGSAhas been limited to contractclaims.

1. Carrier must exercise duediligence before and atbeginning of voyage to:(a) make ship seaworthy;(b) properly man, equip andsupply the ship;(c) make holds etc. fit andsafe for reception, carriageand preservation of cargo.2. Carrier must properly andcarefully load, handle, stow,carry, keep, care for anddischarge goodscarried.46 U.S.C.A. § 1303 (1)(a-c), (2).

4

Art 2(a) B/L issued in acontracting state(b) carriage fromcontracting state(c) carriage tocontracting state(d) B/L providesRules to apply.

Art 1.6Contract of carriage by sea.Need not be a B/L ordocument of title.Not charterparties.

Art 4Carrier is responsible whilein “charge” of the goods atthe port of loading, duringthe carriage, and at the portof discharge i.e. normallyfrom time taken over fromshipper to time delivered toconsignee. Subject to localport regulations.

Art 1.1, Art 10, Art 11“any person by whom or inwhose name a contract ofcarriage has been concludedwith a shipper”. Covers“actual” and “contractual”carrier.

Art 7Apply to contract andtort claims.

Art 5.1Carrier, his servants andagents must take allmeasures that couldreasonably be required toavoid the event causing lossand its consequences.

Hague-Visby Rules

Art X(a) B/L issued in acontracting state(b) carriage fromcontracting state(c) contract of carriageexpressly applies Rules.


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8. Burden of proof Rules are unclear (except under Art IV(2)(q)). Under Englishlaw cargo owner must establish inference ofunseaworthiness or failure to properly and carefullycarry the goods, and the carrier must prove relevantdefence in 7 (above).

Carrier must prove thatreasonable steps to avoidloss were taken unlessdamage is caused by fire,(see 9 below).

Shipper must show cargodelivered to carrier in goodorder and condition andreceived at discharge indamaged condition. Clean B/Lis prima-facie evidence ofthis. Once this established,burden shifts to carrier toshow either due diligence orthe application of one of thedefences.

(a) Act, neglect or default ofthe master, mariner, pilot orthe servants of the carrierin the navigation or in themanagement of the ship.(b) Fire, unless caused by theactual fault or privityof the carrier.(c) Perils, dangers andaccidents of the sea or othernavigable waters.(d) Act of God.(e) Act of war.(f) Act of public enemies.(g) Arrest or restraint ofprinces, rulers or people, orseizure under legal process.(h) Quarantine restrictions.(i) Act or omission of theshipper or owner of thegoods, his agent orrepresentative.(j) Strikes or lock-outs orstoppage or restraint oflabour from whatever cause,whether partialor general.(k) Riots and civilcommotions.(l) Saving or attempting tosave life or property at sea.(m) Wastage in bulk orweight or any other loss ordamage arising from

inherent defect, quality orvice of the goods.(n) Insufficiency of packing.(o) Insufficiency orinadequacy of marks.(p) Latent defects notdiscoverable by duediligence.(q) Any other cause arisingwithout the actual fault orprivity of the carrier andwithout the fault or neglectof the agents or servants ofthe carrier, but the burden ofproof shall be on the personclaiming the benefit of thisexception to show thatneither the actual fault orprivity of the carrier nor thefault or neglect of the agentsor servants of the carriercontributed to the loss ordamage.46 U.S.C.A. § 1304 (1), (2) (a-q).

Art 5.1Carrier must prove he, hisservants or agents, took allmeasures that couldreasonably be required toavoid the occurrence and itsconsequences.

7. Carrier’s defences Art IV1. Unseaworthiness - only defence is for carrier to show heexercised “due diligence” to ensure vessel seaworthy beforeand at beginning of voyage.2. Properly and carefully load, etc.The following defences apply:(a) Act, neglect or default of the master, mariner, pilotor the servants of the carrier in the navigation or in themanagement of the ship.(b) Fire, unless caused by the actual fault or privity ofthe carrier.(c) Perils, dangers and accidents of the sea or othernavigable waters.(d) Act of God.(e) Act of war.(f) Act of public enemies.(g) Arrest or restraint of princes, rulers or people, or seizureunder legal process.(h) Quarantine restrictions.(i) Act or omission of the shipper or owner of the goods,his agent or representative.(j) Strikes or lock-outs, or stoppage or restraint of labourfrom 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 damagearising 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 orprivity of the carrier, or without the fault or neglect of theagents or servants of the carrier, but the burden of proofshall 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 thecarrier contributed to the loss or damage.

5

Cargo Conventions

Hague Rules Hague-Visby Rules Hamburg Rules Present US COGSA


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9. Fire

10. Live animals

11. Deck cargo

12. Dangerous cargo

Art I(c)Excluded from Rules.

Art I(c)Excluded from Rules if statedto be carried on deck on faceof B/L. Undeclared deckcarriage may affect carrier’sability to rely on defences,although the carrier may stillrely on package limitationunder Art. IV, r. 5. See TheKapitan Petko Voivoda[2003] 2 Lloyds Rep. 1, CA.

Art IV Rule 6Inflammable, explosive or dangerous goods if loadedwithout knowledge of the master (or carrier’s agent)may be discharged, rendered harmless or destroyed atshipper’s expense.If carrier knows of their nature but they prove dangerousthey may still be discharged, rendered harmless ordestroyed without liability on the part of the carrier,save in general average.

Art I(c)Same as Hague Rules.Cf UK COGSA 1971, S1(7)which applies Rules to liveanimals.

Art I(c)Same as Hague Rules.Cf UK COGSA 1971, S1(7)which applies Rules to deckcargo.

Art IV Rule 5£100 per package or unitunless value declared andinserted in the B/L.The £100 limit per packagehas been held to amount to£100 gold value (see The RosaS [1988] 2 Lloyd’s Rep. 574),often resulting in a higherlimit than the Hague-VisbyRules limitation.

Art IV Rule 510,000 Poincare Francs perpackage or unit or 30Poincare Francs per kilo ofgross weight of damaged orlost goods whichever ishigher.By virtue of SDR Protocol1979 2 SDRs per kg or 666.67SDRs per package.

Art 5.4Carrier liable if claimantproves fire arose from faultor neglect on the part of thecarrier, his servants oragents.

Art 1.5 and 5.5 Rules apply butcarrier not liable forinherent “special risks”.If carrier complies withshipper’s instructions he willbe presumed not tobe liable.

Art 9 Rules do not excludedeck cargo. Carrier canundertake deck carriageif agreed with shipper oraccords with the “usageof a particular trade or isrequired by statutory rulesor regulations”. Must bestatement in the B/L thatgoods carried on deck.Failure to agree deckcarriage makes carrier liablefor damage, loss or delayresulting solely fromcarriage on deck. Carrier

cannot limit liability whendeck carriage is in breach ofexpress agreement to carrybelow deck.

Art 13Similar provisions apply andthe shipper is obliged tomark and label dangerousgoods in a suitable manner.

2.5 SDRs per kg or 835 SDRsper package or shipping unit.

Neither the carrier nor theship shall be responsible forloss or damage arising orresulting from fire unlesscaused by the actual fault orprivity of the carrier.46 U.S.C.A. § 1304 (2) (b).

Excluded from Act.46 U.S.C.A. § 1301 (c).

Excluded from Act. (If statedin B/L to be carried on deckand is so carried then thisAct will apply, but notex proprio vigore.)

Same as Hague Rules.

Neither the carrier nor theship shall in any event be orbecome liable for any loss ordamage to or in connectionwith the transportation ofgoods in an amountexceeding $500 per packagelawful money of the UnitedStates, or in cases of goodsnot shipped in packages, percustomary freight unit or theequivalent of that sum inother currency, unless thenature and value of suchgoods have been declared bythe shipper before shipmentand inserted in the B/L.46 U.S.C.A. § 1304 (5).

13. Limits of liability(a) Goods lostor damaged

6


Art III & IVIf due to e.g. poor stowage, carrier only liable if caused by hisactual fault or privity. If caused by unseaworthiness, carrierliable unless he exercised due diligence to ensure vesselseaworthy before and at beginning of voyage.


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Art III Rule 4Prima facie evidence inhands of shipper, conclusivein hands of third party,e.g. consignee to whomthe B/L is transferred in goodfaith.

Art III Rule 4.Prima facie evidence of theiraccuracy.

13. Limits of Liability(b) Goods delayed

14. Loss of rightto limit liability

15. Lower limitsby agreement

16. Higher limitsby agreement

No special provisions.

No special provisions. Art 62.5 x freight payable ongoods delayed, subject toupper limit of total freighton all goods or amount oflimitation if goodshave been lost or destroyedunder formula in (a) above.

Art 8Carrier will only lose right tolimit liability if he intendedto cause loss or was recklessknowing such loss wouldprobably result. Deckcarriage where expresslyprohibited will result in lossof right to limit liability.

No specific right to agreelower limits.

Art 6.4 Art 15Permitted if agreed. Shouldbe recorded in the B/L.

No specific provision.

No specific provisions.

Unreasonable deviation willoust limitation as a result ofcase law/precedent.

Not permitted.46 U.S.C.A. § 1304 (5).

Permitted if recorded in theB/L. 46 U.S.C.A. § 1305.

Art VIOnly permitted where not an ordinary shipment, andreasonable in special circumstances.

Art IV Rule 5 (e)Right to limit lost if carrierintends to cause loss or isreckless knowing loss wouldprobably result.

Art VPermitted if recorded in the B/L.

7

Cargo Conventions


17. Deviation Deviating carrier might lose right to rely on defences inRules and lose right to limit liability.Art IV Rule 4 provides “any deviation in saving orattempting to save life or property at sea, or any reasonabledeviation shall not be deemed to be an infringement orbreach of the Rules or contract of carriage.”.

No special provisions.Deviation if it causes loss issubject to general test ofcarrier’s liability(see 6 above).Art 5.6 exempts a carrierfrom liability where heattempts to save life or“reasonable measures” aretaken to save property. Thiswould apply to deviation asmuch as any other causeof loss.

Similar to Hague Rules - Anydeviation in saving orattempting to save life orproperty at sea, or anyreasonable deviation shallnot be deemed to be aninfringement or breach ofthis chapter or of thecontract of carriage, andthe carrier shall not beliable for any loss ordamage resulting therefrom.Provided however that if thedeviation is for unloadingcargo or passengers itshall, prima facie, beregarded as unreasonable.46 U.S.C.A. § 1304 (4).

18. What is the effectof statements inthe bill?

(cont’d…)

Art 16Prima facie evidence ofstatement in hands ofshipper (whether shipped orreceived B/L). Conclusive inhands of third party whorelies on statements.However, if freight is payableby holder of the B/L failureto state this is evidence thatno freight is payable.

After receiving the goods intohis charge the carrier, or themaster or agent of thecarrier, shall, on demand ofthe shipper, issue to theshipper a B/L showing amongother things:(a) The leading marksnecessary for identificationof the goods as the same arefurnished in writing by theshipper before the loading ofsuch goods starts, providedsuch marks are stamped orotherwise shown clearly uponthe goods if uncovered, oron the cases or covering in

which such goods arecontained, in such a manneras should ordinarily remainlegible until the end of thevoyage.(b) Either the number ofpackages or pieces, or the


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19. What informationmust the billcontain?

Art III Rule 3(a) Leading marks necessary for identifying goods.(b) Number of packages or pieces, or the quantity or weightas the case may be, as furnished by the shipper.

Art 15(a) The general nature of thegoods, the leading marksnecessary for identificationof the goods, an expressstatement, if applicable, asto the dangerous characterof the goods, the number ofpackages or pieces, and theweight of the goods or theirquantity otherwiseexpressed, all suchparticulars as furnished bythe shipper.(b) The apparent condition ofthe goods.(c) The name and principalplace of business of thecarrier.(d) The name of the shipper.(e) The consignee if namedby shipper.(f) The port of loading underthe contract of carriage bysea and the date on whichthe goods were taken over bythe carrier at the portof loading.(g) The port of dischargeunder the contract ofcarriage by sea.(h) The number of originals

of the B/L, if more than one.(i) The place of issuance ofthe B/L.(j) The signature of thecarrier or person acting onhis behalf.(k) Freight to the extentpayable by the consignee.(l) The statement referred toin paragraph 3 of Article 23,i.e. that carriage is subject tothe convention.(m)Statement, if applicable,that the goods shall or maybe carried on deck.(n) The date or the period ofdelivery of the goods at theport of discharge if expresslyagreed upon between theparties.(o) Any increased limit orlimits of liability whereagreed.

Prima facie evidence of thereceipt by the carrier of thegoods as therein described inaccordance with theinformation contained in theB/L.46 U.S.C.A. § 1303(4).

8


quantity or weight, as thecase may be, as furnished inwriting by the shipper.(c) The apparent order andcondition of the goods.Provided that no carrier,master, or agent of thecarrier, shall be bound tostate or show in the B/L anymarks, number, quantity orweight which he hasreasonable grounds forsuspecting not accurately torepresent the goods actuallyreceived, or which he hashad no reasonable meansof checking.

46 U.S.C.A. § 1303 (3) (a-c).

(…cont’d)


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9

Cargo Conventions


If the carrier is unable tostate any of the matters in(a) above he should expresshis omission on the B/L.

20. Duties of shipperin supplying carrierwith information

Art III Rule 5Shipper is deemed to guarantee accuracy of statement as toweight and quantity of cargo. Shipper to indemnify carrierfor loss resulting from errors.

No specific provisions. Void under English law. (Brown Jenkinson & Co Ltd -v- Percy Dalton (Ldn) Ltd [1957]2 Lloyd’s Rep. 1).

Art III Rule 6Notice of loss or damage must be given in writing to thecarrier or his agent - (i) on day of delivery; or (ii) within 3days where damage is latent.

Art III Rule 6Prima facie evidence of delivery of goods in conditiondescribed by B/L.

Same as Hague Rules.46 U.S.C.A. § 1303 (5).

No specific provisions.If issued, carrier may beestopped from provingpre-shipment conditionby case law.


46 U.S.C.A. § 1303 (6).


46 U.S.C.A. § 1303 (6).

Same 1 year statute oflimitation as Hague Rules.

46 U.S.C.A. § 1303 (6).

Art 17Same as Hague Rules.

Art 17Void for B/L in hands ofconsignee. Valid againstshipper unless carrierintended to defraud

consignee. If fraud, carriermay not limit liability.

Art 19Notice of loss or damage tobe given in writing to carrier- (i) by the working dayfollowing delivery toconsignee; or (ii) within 15days of delivery wheredamage is latent. Notice ofdelay must be given within 60days of delivery. Carrier mustgive notice to shipper ofcomplaint within 90 days ofdelivery.

Art 19Prima facie evidence ofdelivery of goods in conditiondescribed by B/L. If goodsdelayed and complaint notmade within 60 days thecarrier is exempted fromliability.

Art 20Litigation or arbitration to becommenced within 2 yearsfrom date of delivery ofgoods or the last day uponwhich the goods should have

been delivered.

Indemnity proceedings maybe commenced after thisperiod (at least 90 days fromdate of commencement ofaction against carrier mustbe allowed).

21. Effectiveness ofletter of indemnityissued by shipperfor carrier notclausing bill

22. Notificationof damage

Art III Rule 6“Suit” must be broughtwithin 1 year of delivery ordate delivery should havetaken place.

Art III Rule 6Same as Hague Rules.

Art III Rule 6 bisIndemnity actions may bebrought after 1 year; the

period for commencing suitto be not less than 15months after claim settled orsuit served.Local jurisdiction.

23. Consequences offailing to notifycarrier of loss,damage or delayunder 22 above

24. Limitation of action

25. Where can cargoowner commenceproceedings?

Rules are silent. Art 21May sue in court of:(a) principal place ofbusiness of carrier;(b) place contract was made;(c) port of loading;(d) port of discharge;(e) place designated bycontract of carriage;(f) place of arrest of vessel.This may be challenged by thecarrier if he submits to one ofthe other jurisdictions andprovides security for theclaim.


(…cont’d)


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26. Arbitration

27. General average

28. Provisions whichconflict withthe Rules

10


Rules are silent.

Art V“Nothing in these Rules shall be held to prevent theinsertion in a bill of lading of any lawful provisionregarding general average.”

Art III Rule 8Void.



46 U.S.C.A. § 1305.

Void.

Art 22Arbitration agreementpermitted. If incorporatingcharterparty arbitrationclause, must be comprisedin B/L as “specialannotation”. Claimant maychoose where to commencearbitration from:(a) place where defendanthas principal place ofbusiness;(b) place where contractwas made;(c) port of loading;(d) port of discharge; or(e) place specified inarbitration clause.

Art 24“The provisions of thisConvention relating to theliability of the carrier for lossof or damage to the goodsalso determine whether theconsignee may refusecontribution in generalaverage.”

Art 23.1Void and compensation maybe payable where claimanthas suffered a loss: see Art

23.4.


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11

Cargo Conventions

Notes


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12

Notes


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