The Hague–Visby Rules is a set of international rules for the international carriage of goods by the Unification of Certain Rules of Law Relating to Bills of Lading”) in , the Rules became known colloquially as the Hague–Visby Rules. We all know what a bill of lading is and what a contract of carriage is.. But do you know when a bill of lading become a contract of carriage. Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (“Visby Rules”). (Brussels, 23 February.
Article 1 1 In Article 3, paragraph 4, shall be added: This period may, however, be extended if the parties so agree after the cause of action has arisen”. 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”. Article 2 Article 4, paragraph 5, shall be deleted and replaced by the following: The value of the goods shall be fixed according to the commodity exchange price, or, if 196 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 hhague same kind and quality.
Except as aforesaid such article of transport hqgue be considered the package or unit. The date of conversion of the sum awarded into national currencies shall be governed by the law of the Court seized vksby the case.
Article 3 Between Articles 4 and 5 of the Convention shall be inserted the following Article 4 bis: 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.
If such an action is brought against a servant or agent of hhague 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 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.
Nevertheless, a servant or agent of the carrier shall not be entitled to avail himself vsby the provisions of this Article, if 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 rulles result”.
Article 4 Article 9 of the Convention shall be deleted and replaced by the following: Article 5 Article 10 of the Convention shall be deleted and replaced by the following: Each Contracting State shall apply the provisions of this Convention to the Bills of Lading mentioned above. 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 6 As between the Parties to this Protocol the Convention and the Protocol shall be read and interpreted together as one single instrument.
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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 cisby Party to the Convention but which hagud not a Party to this Protocol. 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 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.
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 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.
Hague–Visby Rules – Wikipedia
The other Contracting Parties shall not be bound by this Article with respect to any Contracting Party having made such a reservation. 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 vidby United Nations, not represented at the twelfth session of the Diplomatic Conference on Maritime Law, may accede to this Protocol.
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 11968 have each a tonnage equal or superior to one million gross tons of tonnage.
Article visbj 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 Government which among the territories under its sovereignty or for whose international relations it is responsible, are those to which the present Protocol applies.
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 vizby date of the coming into force of the Protocol in respect of such State. This denunciation shall take effect one year after the date on which notification thereof has been received by the Belgian Government; it also shall apply to the Convention.
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 form appropriate to that legislation the rules adopted under this Protocol. 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 signatures, ratifications and accessions received in accordance with Articles 10, 11 and The date on which the present Protocol will come into force in accordance with Article rulss The notifications with regard to the territorial application in accordance with Article The denunciations received in accordance with Article DONE at Brussels, this 23rd day of Februaryin the French and English languages, both texts being cisby authentic, in a single copy, which shall remain deposited in the archives of the Belgian Government, which shall issue rulees copies.
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