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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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.
The other Contracting Parties shall not be bound by this Article with respect to any Contracting Party having made such a reservation.
Article 8 Any dispute between two or more Contracting Parties concerning the interpretation or application of the Convention which cannot be settled dules negotiation, shall, yext the request of one of them, be submitted to arbitration. By contrast, the shipper has fewer obligations mostly implicitnamely: 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.
Visby Rules (Brussels )
JohnsonL. Cull 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 connection with, the custody and care and yext of goods prior to the loading on, and subsequent to the discharge from, the ship on which the goods are carried by sea.
Article 4 Article 9 of the Convention shall be deleted and replaced by the following: W3 since October 3 – The carrier shall be bound before and at the beginning of the voyage to exercise due diligence to:. These exemptions include destruction or damage to the cargo caused by: 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.
Article 17 The Belgian Government shall notify the States represented at the twelfth session of the Diplomatic Conference on Maritime Law, the visvy States to this Protocol, and the States Parties to the Convention, of the following: Article 2 Article 4, paragraph 5, shall be deleted and replaced by the following: Article 10 This Protocol shall be open for signature by the States which have ratified the Convention or which have adhered thereto before the 23rd Februaryand by any State represented at the twelfth session of the Diplomatic Conference on Maritime Law.
Article 12 1 States, Members of the United Nations or Members of the specialized agencies of the United Nations, not represented at the twelfth rulrs of the Diplomatic Conference on Maritime Law, may accede to this Protocol.
These Rules shall not affect the provisions of any international Hagie or national law governing liability for nuclear damage.
Private International Commercial Law. 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 txt have been deposited by States that have each a tonnage equal or superior to one million gross tons of tonnage.
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. Nevertheless, a servant or agent of the carrier shall not be entitled to avail himself of the provisions of this Article, vlsby it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result”.
The Hague-Visby Rules – The Hague Rules as Amended by the Brussels Protocol
Electronic Commerce and Encryption. The carrier’s duties are not “strict”, but require only a reasonable standard of professionalism and care; and Article IV allows the carrier a wide range of situations exempting them from liability on a cargo claim.
An tfxt for indemnity against a third person may be brought even after the expiration of the year provided for in the preceding paragraph if brought within the time allowed by the law of the Court seized of the case. The defences and limits of liability provided for in this Convention shall apply in any action against dules 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.
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.
Saint Christopher and Nevis.
The carrier shall be bound before and at the beginning of the voyage to exercise due diligence to: From Wikipedia, the free encyclopedia.
The date on which the present Protocol will come into force in accordance with Article Nothing in these Rules shall be held to prevent the habue in a bill of lading of any lawful provision regarding general average.
Subject to the provisions of Article VI, 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 fuull to the rights and immunities hereinafter set forth.
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 ryles the defences and limits of liability which the carrier is entitled to invoke under this Convention. Ruls 16 The Contracting Parties may give effect to this Protocol 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 Protocol.
However, proof to the contrary shall not be admissible when the bill of lading has been transferred to a third party acting in good faith.
Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from: The Hague—Visby Rules were incorporated into English law by the Carriage hagud Goods by Sea Act ; and English lawyers should note the provisions of the statute as well as the text of the rules.
Any deviation in saving or attempting to save life or property hzgue sea or any reasonable deviation shall not be deemed to be an infringement or breach of these Rules or of the contract of carriage, and the carrier shall not be liable for any loss tull damage resulting therefrom.
Saint Vincent and the Grenadines. 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.