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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Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from:. They are a slightly updated version of the original Hague Rules which were drafted in Brussels in 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.
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. 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 entitled 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 of the defences and limits of liability which the carrier is entitled to invoke under this Convention.
The Protocol shall three months after the date of the receipt of such notification by the Belgian Government extend to the territories named therein, but not before the date of the coming into force of the Protocol in respect of such State.
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.
Article 5 Article 10 of the Convention shall be deleted and replaced by the following: The other Contracting Parties shall not be bound by this Article with respect to any Contracting Party having made such a reservation. 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.
A final amendment was made in the SDR Protocol in Admiralty court Vice admiralty court. However, the Hague and Hague—Visby Rules were hardly a charter of new protections for cargo-owners; the English common law prior to provided more protection for cargo-owners, and imposed more liabilities upon “common carriers”.
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. None of these shippers’ obligations are enforceable under the Rules; instead they would give rise to a normal action in contract. Article 3 Between Articles 4 and 5 of the Convention shall be inserted the following Article 4 bis: Saint Christopher and Nevis.
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 III.
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The date of conversion of the sum awarded into national currencies shall be governed by the law of the Court seized of the case. Subject to the provisions of Article IV, the carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried. 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.
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. Private International Commercial Law.
Nevertheless, a servant or agent of the carrier shall not be entitled to avail himself of the provisions of this Article, if it is proved that the damage resulted tect 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”.
JohnsonL. This Article shall not prevent a Contracting State from applying the rules of this Convention to Bills of Lading not included in the preceding paragraphs”.
Article 4 Article 9 of the Convention shall be deleted and replaced by the following: Article 10 This Protocol shall be open for signature ruules 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 Rupes on Maritime Law.
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 2 Article 4, paragraph 5, shall be deleted and replaced by the following: They require contracting States to apply the Rules to bills of lading mentioned in the Article and authorise them to apply the Rules to other bills of lading.
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 connection 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.
The Hague-Visby Rules – The Hague Rules as Amended by the Brussels Protocol
Article 11 1 This Protocol shall be ratified. Article 7 As between the Parties to this Protocol, denunciation by any of them of the Convention in accordance with Article 15 thereof, shall not be construed in any way as a denunciation of the Convention as amended by this Protocol.
Article 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 ruless appropriate to that legislation the rules adopted under this Protocol. 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.
For instance, although Article I c of the Rules exempts live animals and deck cargo, section 1 7 restores those rulee into the category of “goods”. 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 deal with the coming into force of the Convention, procedure for ratification, accession and denunciation and the right to call for a fresh conference to consider amendments to the Rules contained in the Convention. 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: Except as aforesaid such article of transport shall be considered the package or unit.
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 these Rules or of etxt contract of carriage, and the carrier shall not be liable for any loss or damage resulting therefrom.
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. These Rules shall not affect the provisions of any international Convention or test law governing liability for nuclear damage.
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. Article 11 to 16 of the International Convention for the unification of certain rules of law relating to bills of lading signed at Brussels on August 25, are not reproduced.
Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from: This period may, however, be extended if the parties so agree after the cause of action has arisen”. The provisions of these Rules 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 sea-going vessels.
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.