On the ratification of the United Nations Convention on the Carriage of Goods by Sea, 1978

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Law of the Republic of Kazakhstan dated April 23, 2008 No. 28-IV

To ratify the 1978 United Nations Convention on the Carriage of Goods by Sea, done at Hamburg on March 31, 1978.

President  Of the Republic of Kazakhstan N. Nazarbayev

 UNITED NATIONS CONVENTION ON THE CARRIAGE OF GOODS BY SEA, 1978

The preamble

THE STATES PARTIES TO THIS CONVENTION, RECOGNIZING that it is desirable to establish by agreement certain rules concerning the carriage of goods by sea, HAVE DECIDED to conclude a Convention for this purpose and have therefore agreed as follows:

 PART I. GENERAL PROVISIONS

 Article 1. Definitions

In this Convention:

1. "Carrier" means any person by whom or on whose behalf a contract for the carriage of goods by sea has been concluded with the shipper.

2. "Actual carrier" means any person who is entrusted by the carrier with the carriage of goods or part of the carriage, and includes any other person who is entrusted with such carriage.

3. "Shipper" means any person who, either on behalf of or on whose behalf, has concluded a contract for the carriage of goods by sea with a carrier, or any person by whom, or on whose behalf or on whose behalf, goods are actually delivered to an interpreter in connection with a contract of carriage by sea.

4. "Consignee" means the person authorized to receive the cargo.

5. "Cargo" includes live animals; in cases where goods are combined in a container, on a pallet or similar device for transportation, or when they are packaged, "cargo" includes such device for transportation or packaging, if provided by the shipper.

6. "Contract of carriage by sea" means any contract under which, in return for freight, the carrier undertakes to transport goods by sea from one port to another; however, a contract covering carriage by sea, as well as carriage in any other way, is considered a contract of carriage by sea for the purposes of this Convention only to the extent that how it relates to transportation by sea.

7. "Bill of lading" means a document that confirms the contract of carriage by sea and the acceptance or loading of goods by the carrier and according to which the carrier undertakes to deliver the goods against this document. The indication in the document that the cargo must be delivered to the order of the named person or the order, or to the bearer, constitutes such an obligation.

8. "Written form" includes, among other things, telegram and telex.

 Article 2. Scope of application

1. The provisions of this Convention apply to all contracts of carriage by sea between two different States if: a) the port of loading provided for in the contract of carriage by sea is located in one of the Contracting States, or b) the port of unloading provided for in the contract of carriage by sea is located in one of the Contracting States, or c) one of the optional ports of unloading provided for in the contract of carriage by sea is the actual port of unloading and such port is located in one of the Contracting States, or (d) a bill of lading or other document confirming a contract of carriage by sea is issued in one of the Contracting States, or (e) a bill of lading or other document confirming a contract of carriage by sea provides that the contract must be governed by the provisions of this Convention or the legislation of any State giving effect to them. 2. The provisions of this Convention shall apply regardless of the nationality of the ship, the carrier, the actual carrier, the shipper, the consignee or any other interested person. 3. The provisions of this Convention do not apply to charters. However, when a bill of lading is issued under a charter, the provisions of the Convention apply to such a bill of lading if it regulates the relationship between the carrier and the holder of the bill of lading, who is not the charterer. 4. If the contract provides for the carriage of goods in several shipments within an agreed period, the provisions of this Convention shall apply to each shipment. However, when the shipment is carried out on the basis of a charter, the provisions of paragraph 3 of this article shall apply.

 Article 3. Interpretation of the Convention

In interpreting and applying the provisions of this Convention, account must be taken of its international character and the need to promote uniformity.

 PART II. RESPONSIBILITY OF THE CARRIER

 Article 4. Period of responsibility

1. The carrier's liability for the goods under this Convention covers the period during which the goods are in the carrier's custody at the port of loading, during carriage and at the port of unloading. 2. For the purposes of paragraph 1 of this article, the cargo is considered to be in the custody of the carrier: (a) from the moment when it has accepted the cargo from: (i) the shipper or a person acting on behalf of the shipper; or (ii) any authority or other third party that, by virtue of the law or regulations applicable at the port of loading, The cargo must be transferred for shipment; (b) Until he has delivered the goods: (i) by handing over the goods to the consignee; or (ii) in cases where the consignee does not accept the goods from the carrier, by placing them at the disposal of the consignee in accordance with the contract or the law or custom of the trade applicable at the port of discharge; or (iii) by transferring 3. The cargo must be transferred to any authority or other third party to whom the cargo must be transferred by virtue of the law or regulations applicable at the port of unloading. In paragraphs 1 and 2 of this article, a reference to the carrier or the consignee means, in addition to the carrier or the consignee, also employees or agents, respectively, of the carrier or the consignee.

 Article 5. Grounds of responsibility

1. The carrier is liable for damage resulting from loss or damage to the goods, as well as delay in delivery, if the circumstances that caused the loss, damage or delay occurred while the goods were in his charge, as defined in article 4, unless the carrier proves that he, his employees or the agents took all measures that could reasonably be required to avoid such circumstances and their consequences. 2. A delay in delivery occurs if the cargo is not delivered at the port of unloading provided for in the contract of carriage by sea, within the time period directly determined by the agreement, or in the absence of such an agreement, within the time period that would be reasonable to require from a caring carrier, taking into account the specific circumstances. 3. A person authorized to make a claim for the loss of goods may consider the goods lost if they have not been delivered in accordance with the requirements of Article 4 within 60 calendar days after the expiration of the delivery period in accordance with paragraph 2 of this article. 4. a) The carrier is liable: (i) for loss or damage to the cargo or delay in delivery caused by fire, if the claimant proves that the fire was caused by the fault of the carrier, its employees or agents; (ii) for such loss, damage or delay in delivery that, if proven by the person, the applicant's claim was caused by the fault of the carrier, its employees or agents, while taking all measures that could reasonably be required to eliminate the fire and avoid or reduce its consequences. (b) In the event that a fire on board has affected the cargo, and if so desired by the claimant or the carrier, a survey should be conducted in accordance with maritime practice regarding the causes and circumstances of the fire, and a copy of the relevant report should be provided to the carrier or the claimant upon their request. 5. With respect to live animals, the carrier is not responsible for loss, damage or delay in delivery resulting from any special risks inherent in this type of transportation. If the carrier proves that he has followed the special instructions regarding animals given to him by the shippers and that, under the circumstances, the loss, damage or delay in delivery could be attributed to such risks, it is assumed that the loss, damage or delay in delivery was caused by these risks, unless there is evidence that the entire or, in part, the loss, damage, or delay in delivery was caused by the fault of the carrier, its employees, or agents. 6. The carrier is not liable, except for a general accident, in cases where loss, damage or delay in delivery resulted from life-saving measures or reasonable measures to save property at sea. 7. In cases where the fault of the carrier, its employees or agents is combined with another reason for the loss, damage or delay in delivery, the carrier is liable only to the extent that the loss, damage or delay in delivery is due to the fault of the carrier, its employees or agents, provided that the carrier proves the amount of the loss., damages or delays in delivery that are not due to fault on his part.

 Article 6. Limits of liability

1. (a) The carrier's liability for damage resulting from loss or damage to the goods, in accordance with the provisions of article 5, is limited to an amount equivalent to 835 units of account per package or other unit of shipment, or 2.5 units of account per kilogram of gross weight of the lost or damaged goods, whichever is higher. (b) The carrier's liability for delay in delivery in accordance with the provisions of article 5 is limited to an amount 2.5 times the amount of freight payable for goods delayed in delivery, but not exceeding the amount of freight payable under the contract of carriage by sea. (c) In no case shall the total liability of the carrier under both sub-paragraphs (a) and (b) of this paragraph exceed the limit that would be established under sub-paragraph (a) of this paragraph for the total loss of the goods in respect of which such liability arose. 2. For the purposes of calculating a higher amount in accordance with paragraph 1 (a) of this article, the following rules apply: (a) When a container, pallet or similar transportation device is used to combine goods, the locations or other units of shipment listed in the bill of lading, if issued, or in any other document confirming the contract of carriage shipments, as packaged in such a transportation device, are considered as places or units of shipment. With the exception mentioned above, the goods in such a transportation device are considered as one unit of shipment. b) In cases where the transportation device itself is lost or damaged, this transportation device, if it is not the property of the carrier or is not provided by him, is considered as a separate unit of shipment. 3. The unit of account means the unit of account specified in Article 26.4. By agreement between the carrier and the shipper, limits of liability exceeding those provided for in paragraph 1 may be established.

 Article 7. Application to non-contractual requirements

1. The defendant's objections and the limits of liability provided for in this Convention apply to any claim against the carrier for loss or damage to goods covered by the contract of carriage by sea, as well as for delay in delivery, regardless of whether the claim is based on contract, tort or other legal grounds. 2. If such a claim is brought against an employee or agent of the carrier, such employee or agent, having proved that he acted within the limits of his official duties, has the right to use the defendant's objections and the limits of liability to which, according to this Convention, the carrier himself is entitled to refer. 3. Except as provided in article 8, the amounts that may be recovered from the carrier and any persons referred to in paragraph 2 of this article shall not collectively exceed the limits of liability provided for in this Convention.

 Article 8. Loss of the right to limitation of liability

1. The carrier is not entitled to the limitation of liability provided for in article 6 if it is proved that the loss, damage or delay in delivery was the result of an act or omission of the carrier, committed either with the intention of causing such loss, damage or delay, or as a result of irresponsibility and with an understanding of the likelihood of such loss, damage or delay. 2. Notwithstanding the provisions of paragraph 2 of article 7, an employee or agent of the carrier is not entitled to the limitation of liability provided for in article 6 if it is proved that the loss, damage or delay in delivery resulted from an act or omission of such employee or agent, committed either with the intent to cause such loss, damage or delay, or as a result of irresponsibility and with an understanding of the likelihood of such loss, damage, or delay.

 Article 9. Deck cargo

1. The carrier has the right to transport cargo on deck only if such transportation is in accordance with an agreement with the shipper or the custom of the trade, or is required by legislation or regulations. 2. If the carrier and the shipper have agreed that the goods should or can be carried on deck, the carrier must include an indication of this in the bill of lading or other document confirming the contract of carriage by sea. In the absence of such an indication, the carrier bears the burden of proving that an agreement for the carriage of goods on deck has been concluded; however, the carrier does not have the right to invoke such an agreement against a third party, including the consignee, who acquired the bill of lading in good faith. 3. In cases where the goods were carried on deck contrary to the provisions of paragraph 1 of this article, or where the carrier is unable, in accordance with paragraph 2 of this article, to invoke an agreement on the carriage of goods on deck, the carrier, notwithstanding the provisions of paragraph 1 of article 5, is liable for loss or damage to the goods, as well as for delay in delivery. caused solely by the carriage of cargo on deck, and the limit of its liability shall be determined in accordance with the provisions of article 6 or article 8 of this Convention, as appropriate. 4. The carriage of goods on deck, contrary to an express agreement on carriage in the hold, is considered an act or omission of the carrier within the meaning of article 8.

 Article 10. Liability of the carrier and the actual carrier

1. In cases where the actual carrier is responsible for the carriage or part of it, even if this is permissible under the terms of the contract of carriage by sea, the carrier nevertheless remains responsible for the entire carriage in accordance with the provisions of this Convention. With respect to transportation performed by the actual carrier, the carrier is responsible for the actions and omissions of the actual carrier and its employees and agents acting within the scope of their official duties. 2. All the provisions of this Convention governing the liability of the carrier shall also apply to the liability of the actual carrier for the carriage performed by him. The provisions of paragraphs 2 and 3 of article 7 and paragraph 2 of article 8 are applicable in the case of a claim against an employee or agent of the actual carrier. 3. Any special agreement under which the carrier assumes obligations not provided for in this Convention or waives the rights granted by this Convention applies to the actual carrier only if he has agreed to it explicitly and in writing. Regardless of the existence or absence of such consent of the actual carrier, the carrier nevertheless remains bound by obligations or waivers of rights arising from such a special agreement. 4. In those cases and to the extent that both the carrier and the actual carrier are responsible, their liability is in solidarity. 5. The amounts that may be recovered from the carrier, the actual carrier and their employees and agents shall not collectively exceed the limits of liability provided for in this Convention. 6. Nothing in this article shall prejudice any right of retroactive claim in the relationship between the carrier and the actual carrier.

 Article 11. Through transportation

1. Notwithstanding the provisions of paragraph 1 of article 10, in cases where the contract of carriage by sea expressly provides that a specific part of the carriage covered by the said contract should be carried out not by the carrier, but by another specific person, the contract may also provide that the carrier is not liable for loss, damage or delay in delivery caused by circumstances that occurred at the time when the cargo was in the custody of the actual carrier during such part of the carriage. However, any condition limiting or excluding such liability is not valid unless legal proceedings against the actual carrier can be initiated in any court competent on the basis of paragraph 1 or 2 of article 21. The burden of proving that the loss, damage or delay in delivery was caused by such a circumstance, it's on the carrier. 2. The actual carrier is liable, in accordance with the provisions of paragraph 2 of article 10, for loss, damage or delay in delivery caused by circumstances that occurred while the cargo was in his charge.

 PART III. RESPONSIBILITY OF THE SHIPPER

 Article 12. The general rule

The shipper is not liable for damage suffered by the carrier or the actual carrier, or for damage sustained by the vessel, unless such damage or damage was caused by the fault of the shipper, his employees or agents. The shipper's employee or agent is also not responsible for such damage or damage, unless the damage or damage was caused by fault on his part.

 Article 13. Special rules on dangerous goods

1. The shipper must label or designate the dangerous cargo as dangerous in a suitable way. 2. When the shipper transfers dangerous goods to the carrier or the actual carrier, as the case may be, the shipper must inform him of the dangerous nature of the cargo and, if necessary, of the precautions to be taken. If the shipper fails to do so, and such carrier or such actual carrier is otherwise unaware of the dangerous nature of the cargo: (a) The shipper is liable to the carrier and any actual carrier for damage resulting from the shipment of such cargo, and (b) the cargo may be unloaded, destroyed or rendered harmless at any time, as circumstances may require, without compensation. 3. No person may invoke the provisions of paragraph 2 of this article if, during transportation, he took charge of the cargo, knowing of its dangerous nature. 4. If, in cases where the provisions of subparagraph (b) of paragraph 2 of this article are not applicable or cannot be invoked, the dangerous cargo becomes actually dangerous to life or property, it may be unloaded, destroyed or rendered harmless, as circumstances may require, without compensation, except by virtue of the obligation to participate in to cover losses due to a general accident or when the carrier is liable in accordance with the provisions of article 5.

 PART IV. TRANSPORT DOCUMENTS

 Article 14. Issuance of the bill of lading

1. When the carrier or the actual carrier takes charge of the cargo, the carrier, at the request of the shipper, is obliged to issue a bill of lading to the shipper. 2. A bill of lading may be signed by a person authorized by the carrier. A bill of lading signed by the captain of the vessel on which the cargo is being transported is considered signed on behalf of the carrier. 3. A signature on a bill of lading may be handwritten, facsimile printed, perforated, stamped, symbolized, or by any other mechanical or electronic means, provided this does not contradict the law of the country in which the bill of lading is issued.

 Article 15. Contents of the bill of lading

1. In particular, the following information should be included in the bill of lading: (a) the general nature of the cargo, the main marks necessary for the identification of the cargo, a direct indication, if applicable, of the dangerous nature of the cargo, the number of packages or items and the weight of the cargo or its quantity, indicated in another way, and all these data are indicated as follows: how they are presented by the shipper; b) the external condition of the cargo; c) the name of the carrier and the location of its main place of business; d) the name of the shipper; (e) The name of the consignee, if indicated by the shipper; (f) the port of loading under the contract of carriage by sea and the date on which the cargo was received by the carrier at the port of loading; (g) the port of unloading under the contract of carriage by sea; (h) The number of originals of the bill of lading, if there is more than one; (i) the place of issue of the bill of lading; (j) the carrier's signature or acting on his behalf; k) the freight in the amount to be paid by the consignee, or any other indication that the freight should be paid by him; l) the indication referred to in paragraph 3 of article 23; (m) An indication, as appropriate, that the goods should or may be carried on deck; (n) the date or period of delivery of the goods at the port of discharge, if expressly agreed by the parties; and (o) an increased limit or limits of liability, if agreed in accordance with paragraph 4 of Article 6.2. After the cargo has been loaded on board, the carrier, if requested by the shipper, must issue to the shipper an "on-board" bill of lading, which, in addition to the data required under paragraph 1 of this article, must indicate that the cargo is on board a certain vessel or vessels, and the date or dates must be indicated. loading. If the carrier has previously issued to the shipper a bill of lading or other document of title relating to the cargo, then at the request of the carrier, the shipper must return such document in exchange for an "on-board" bill of lading. The carrier may satisfy the shipper's requirement for an on-board bill of lading by supplementing any previously issued document, provided that the document so supplemented includes all the data that should be contained in the on-board bill of lading. 3. The absence of any data mentioned in this article in the bill of lading does not affect the legal nature of the document as a bill of lading, provided, however, that it meets the requirements contained in paragraph 7 of article 1.

 Article 16. Bills of lading: reservations and evidentiary value

1. If the bill of lading contains data concerning the general nature, main brands, number of packages or items, weight or quantity of cargo, in respect of which the carrier or another person issuing the bill of lading on his behalf knows or has reasonable grounds to suspect that they do not exactly correspond to the one actually accepted, and in the case of issuing an "on-board" bill of lading - 2. If the carrier or such other person has not had a reasonable opportunity to verify such information, the carrier or such other person must insert a reservation in the bill of lading specifically indicating these inaccuracies, grounds for suspicion, or lack of a reasonable possibility of verification. If the carrier or another person issuing the bill of lading on his behalf does not indicate in the bill of lading the external condition of the cargo, he is considered to have indicated in the bill of lading that the external condition of the cargo is good. 3. With the exception of data in respect of which, and to the extent that a reservation has been made, permissible under paragraph 1 of this article: (a) The bill of lading is prima facie evidence of acceptance, and in the case of an on-board bill of lading, of the carrier's loading of the goods as described in the bill of lading; and (b) proof to the contrary by the carrier is not permitted if the bill of lading has been transferred to a third party, including the recipient, who acted in good faith, relying on the description of the goods contained in the bill of lading. 4. A bill of lading that does not include, as provided for in subparagraph "k" of paragraph 1 of article 15, an indication of the freight or other indication that the freight must be paid by the consignee, or does not indicate the demurrage incurred at the port of loading to be paid by the consignee, is prima facie evidence that there is no freight or demurrage from it. not due. However, proof to the contrary by the carrier is not allowed if the bill of lading was handed over to a third party, including the consignee, who acted in good faith, relying on the absence of any such indication in the bill of lading.

 Article 17. Consignor's guarantees

1. The shipper is deemed to have guaranteed to the carrier the accuracy of the data provided by him for inclusion in the bill of lading regarding the general nature of the cargo, its grades, number of packages, weight and quantity. The shipper must compensate the carrier for the damage caused by the inaccuracy of this data. The shipper remains responsible even if the bill of lading has been handed over to them. The carrier's right to such compensation in no way limits his liability under the contract of carriage by sea to any person other than the shipper. 2. Any letter of guarantee or agreement under which the shipper undertakes to compensate the carrier for damage resulting from the fact that the carrier or a person acting on its behalf issues a bill of lading without reservations regarding the data provided by the shipper for inclusion in the bill of lading, or regarding the external condition of the cargo, is invalid with respect to any third party, including the consignee, to whom this bill of lading has been transferred. 3. Such a letter of guarantee or agreement is valid with respect to the shipper, unless the carrier or a person acting on his behalf has made the reservation referred to in paragraph 2 of this article and does not intend to deceive a third party, including the consignee, who is acting on the basis of the description of the goods contained in the bill of lading. If, in the latter case, the omitted reservation concerns the data submitted by the shipper for inclusion in the bill of lading, the carrier has no right to claim damages from the shipper in accordance with paragraph 1 of this article. 4. In the case of deliberate deception referred to in paragraph 3 of this article, the carrier shall be liable, without exercising the right to limitation of liability provided for in this Convention, for damage suffered by a third party, including the consignee, because it acted relying on the description of the goods contained in the bill of lading.

 Article 18. Other documents other than bills of lading

When the carrier issues a document other than a bill of lading confirming receipt of the goods for carriage, such a document is prima facie evidence of the conclusion of a contract of carriage by sea and acceptance by the carrier of the goods, as described in this document.

 PART V. CLAIMS AND LAWSUITS

 Article 19. Notification of loss, damage or delay

1. If a notification of loss or damage specifically indicating the general nature of such loss or damage is not made in writing by the consignee to the carrier no later than the business day following the day of delivery of the goods to the consignee, such transfer is prima facie proof of delivery by the carrier of the goods in accordance with the description in the transport document or, if such a document does not it was issued, in good condition. 2. If the loss or damage is not obvious, the provisions of paragraph 1 of this article shall apply accordingly, unless written notification is given within 15 calendar days after the date of delivery of the cargo to the consignee. 3. If the condition of the cargo at the time of its transfer was the subject of a joint inspection or inspection by the parties, written notification is not required in respect of loss or damage identified during such inspection or inspection. 4. In the event of any actual or suspected loss or damage, the carrier and the consignee shall provide each other with all reasonable opportunities to inspect and account for the cargo. 5. No compensation is payable for damage caused by a delay in delivery, unless written notification has been given to the carrier within 60 calendar days after the date of delivery of the cargo to the consignee. 6. If the goods have been delivered by the actual carrier, any notification given to it under this article shall have the same effect as if it had been given to the carrier, and any notification given to the carrier shall have the same effect as if it had been given to such actual carrier. 7. If notification of the damage or damage specifically indicating the general nature of the damage or damage is not made in writing by the carrier or the actual carrier to the shipper no later than 90 calendar days after the occurrence of such damage or damage or after delivery of the goods in accordance with paragraph 2 of Article 4, whichever is later, The absence of a notification is prima facie evidence that the carrier or the actual carrier has not suffered any damage or damage due to the fault of the shipper, its employees or agents. 8. For the purposes of this article, a notification made to a person acting on behalf of the carrier or the actual carrier, including the captain or an authorized member of the ship's command, or to a person acting on behalf of the shipper, is considered to have been made respectively to the carrier, the actual carrier or the shipper.

 Article 20. Limitation period

1. Any claim in connection with the carriage of goods under this Convention shall be extinguished by statute of limitations if judicial or arbitral proceedings have not been initiated within two years. 2. The limitation period begins on the day when the carrier delivered the cargo or part of the cargo, or in cases where the cargo was not delivered at all, on the last day when the cargo should have been delivered. 3. The day when the limitation period begins is not included in this period. 4. The person against whom the claim is filed may at any time during the limitation period extend this period by making a written statement to the applicant of the claim. This period may be extended by another application or statements. 5. A claim for compensation may be brought by any person found responsible, even after the expiration of the limitation period provided for in the preceding paragraphs, if it is brought within the time limit provided by the law of the State in which the proceedings are initiated. However, this time limit must be at least 90 days, starting from the day when the person suing for compensation paid the claim or received a summons to initiate proceedings against himself.

 Article 21. Jurisdiction

1. In the case of legal proceedings related to the carriage of goods under this Convention, the plaintiff may, at his option, bring an action in a court that is competent in accordance with the law of the State of the court and within the jurisdiction of which one of the following places is located: (a) The principal place of business or, in the absence of such, the permanent residence of the defendant, or (b) the place of conclusion of the contract, provided that the defendant has a place of business, branch or agency there through which the contract was concluded, or (c) the port of loading or the port of unloading, or (d) any additional location specified for this purpose in the contract of carriage by sea. 2. (a) Notwithstanding the preceding provisions of this article, an action may be brought in the courts of any port or place in a Contracting State where the vessel carrying the cargo or any other vessel of the same owner may be seized in accordance with the applicable law of that State and international law. However, in such a case, at the request of the defendant, the person making the claim must transfer the claim, at his choice, to one of the courts specified in paragraph 1 of this article for consideration of this claim on the merits; however, before such transfer of the claim, the defendant must provide guarantees sufficient to ensure payment of the judgment, which may subsequently be rendered in for the benefit of the person making the claim in this claim; b) All issues related to sufficiency or other aspects of security are determined by the court of the port or place of arrest. 3. No legal proceedings related to the carriage of goods under this Convention may be initiated in any place not specified in paragraphs 1 or 2 of this article. The provisions of this paragraph shall not preclude the exercise of the jurisdiction of the Contracting States in respect of provisional or interim measures. 4. (a) In cases where an action has been brought before a court competent in accordance with paragraph 1 or 2 of this article, or where such a court has rendered a decision, a new action between the same parties on the same ground is not permitted, except in cases where the decision of the court in which the first action was brought does not to be enforced in the country in which the new proceedings are initiated; (b) For the purposes of this article, the taking of measures to enforce a judgment is not considered to be the filing of a new claim.; (c) For the purposes of this article, the transfer of a claim to another court within the same country or to a court in another country in accordance with paragraph 2 (a) of this article shall not be considered as a new claim. 5. Notwithstanding the provisions of the preceding paragraphs, any agreement entered into by the parties after the occurrence of a claim arising from a contract of carriage by sea, which defines the place where the person making the claim may bring a claim, is valid.

 Article 22. Arbitration proceedings

1. Subject to the provisions of this article, the parties may provide, by agreement confirmed in writing, that any dispute that may arise in connection with the carriage of goods under this Convention shall be submitted to arbitration. 2. When a charter contains a provision stating that disputes related to it are subject to arbitration, and the bill of lading issued under the charter does not contain a special note stating that such provision is binding on the holder of the bill of lading, the carrier cannot use such provision against the holder who acquired the bill of lading in good faith. 3. The arbitration proceedings, at the choice of the person making the claim, shall be conducted at one of the following locations: (a) In any place of the State in whose territory it is located: (i) The defendant's main place of business or, in the absence of such, the defendant's permanent residence; or (ii) the place of conclusion of the contract, provided that the defendant has a place of business, branch or agency there through which the contract was concluded; or (iii) the port of loading or port of unloading; or (b) any place specified for this purpose in the arbitration clause or in the agreement. 4. The arbitrator or the arbitral tribunal shall be obliged to apply the rules of this Convention. 5. The provisions of paragraphs 3 and 4 of this article shall be considered an integral part of any arbitration clause or agreement, and any condition of such clause or agreement incompatible with these provisions shall be void. 6. Nothing in this article affects the validity of the arbitration agreement concluded by the parties after the claim from the contract of carriage by sea has arisen.

 PART VI. ADDITIONAL PROVISIONS

 Article 23. Contractual terms

1. Any condition in a contract of carriage by sea or a bill of lading, or any other document confirming a contract of carriage by sea, is void to the extent that it directly or indirectly contradicts the provisions of this Convention. The invalidity of such a condition does not affect the validity of other provisions of the contract or the document of which it is a part. A clause on the transfer of cargo insurance rights in favor of the carrier or any similar clause is void. 2. Notwithstanding the provisions of paragraph 1 of this article, the carrier may increase its liability and obligations under this Convention. 3. In cases where a bill of lading or any other document confirming a contract of carriage by sea is issued, it must include an indication that the carriage is governed by the provisions of this Convention, which invalidate any condition contrary to these provisions to the detriment of the shipper or consignee. 4. In cases where the person claiming the goods has suffered damage due to a condition that is void by virtue of this article or as a result of the absence of the indication referred to in paragraph 3 of this article, the carrier must pay compensation in the required amounts in order to compensate that person in accordance with the provisions of this Convention for any loss or damage of cargo, as well as delay in delivery. The carrier must also pay compensation for the costs incurred by that person in exercising his right, provided that the costs incurred in connection with the claim based on the above provision are determined in accordance with the law of the State in which the proceedings are initiated.

 Article 24. General accident

1. Nothing in this Convention shall prevent the application of the provisions of the contract of carriage by sea or national law concerning the allocation of losses in a general accident. 2. With the exception of article 20, the provisions of this Convention relating to the carrier's liability for loss or damage to goods also determine whether the consignee may refuse to pay the general accident contribution and the carrier's obligation to compensate the consignee for the payment of such contribution or rescue costs.

 Article 25. Other conventions

1. This Convention does not change the rights or obligations of the carrier, the actual carrier and their employees and agents provided for in international conventions or national legislation on the limitation of liability of owners of seagoing vessels. 2. The provisions of articles 21 and 22 of this Convention shall not preclude the application of mandatory provisions of any other multilateral convention in force on the date of this Convention that relate to matters governed by these articles, provided that the dispute arises solely between the parties having their main places of business in the States Parties to such other convention. However, this paragraph does not affect the application of paragraph 4 of article 22 of this Convention. 3. Based on the provisions of this Convention, no liability arises for damage caused by a nuclear incident if the operator of a nuclear installation is liable for such damage: a) in accordance with either the Paris Convention of July 29, 1960 on the Liability of Third Parties in the Field of Nuclear Energy, as amended by the Additional Protocol of January 28, 1964 or in accordance with the Vienna Convention of May 21, 1963 on Civil Liability for Nuclear Damage, or (b) in accordance with national legislation, regulating liability for such damage, provided that such legislation is in all respects as favorable to persons who may suffer damage as the Paris or Vienna Conventions. 4. Based on the provisions of this Convention, no liability arises for loss, damage or delay in baggage check-in, for which the carrier is responsible under any international convention or national legislation relating to the carriage of passengers and their baggage by sea. 5. Nothing in this Convention shall prevent Contracting States from applying any other international convention that is already in force on the date of this Convention and that applies peremptory to contracts for the carriage of goods primarily by non-maritime transport. This provision shall also apply to any subsequent revision or amendment of such international convention.

 Article 26. Settlement unit

1. The unit of account referred to in article 6 of this Convention is a "special drawing right" unit as defined by the International Monetary Fund. The amounts referred to in article 6 shall be converted into the national currency of the State in accordance with the value of that currency on the date of the judgment or on the date agreed by the parties. The value in terms of the "special drawing right" of the national currency of a Contracting State that is a member of the International Monetary Fund is calculated in accordance with the valuation method used by the International Monetary Fund on the relevant date for its own operations and settlements. The value in terms of the "special drawing right" of the national currency of a Contracting State that is not a member of the International Monetary Fund is calculated in a manner determined by that State. 2. Nevertheless, States that are not members of the International Monetary Fund and whose legislation does not allow the application of the provisions of paragraph 1 of this article may, at the time of signature or at the time of ratification, acceptance, approval or accession, or at any time thereafter, declare that the limits of liability provided for in this Convention and applicable in their territory, are set at the rate of: 12,500 currency units per place or other unit of shipment, or 37.5 currency units per kilogram of gross weight of the cargo. 3. The currency unit referred to in paragraph 2 of this article corresponds to sixty-five and a half milligrams of nine hundred thousandths gold. The amounts referred to in paragraph 2 shall be converted into the national currency in accordance with the legislation of the relevant State. 4. The calculation referred to in the last sentence of paragraph 1 and the transfer referred to in paragraph 3 of this article shall be carried out in such a way as to express in the national currency of a Contracting State, as far as possible, the same real value of the amounts referred to in Article 6 as expressed in that Article in units of account. The Contracting States shall communicate to the depositary the method of calculation referred to in paragraph 1 of this article or, where appropriate, the result of the transfer referred to in paragraph 3 of this article at the time of signature or when depositing their instruments of ratification, acceptance, approval or accession, or when exercising the right of choice provided for in paragraph 2 of this article, and then every time there is a change in this method or in the translation results.

 PART VII. FINAL PROVISIONS

 Article 27. The Depository

The Secretary-General of the United Nations is hereby designated as the depositary of this Convention.

 Article 28. Signature, ratification, acceptance, approval, accession

1. This Convention shall be open for signature by all States until April 30, 1979, at United Nations Headquarters, New York. 2. This Convention is subject to ratification, acceptance or approval by signatory States. 3. After April 30, 1979, this Convention will be open for accession by all non-signatory States. 4. Instruments of ratification, acceptance, approval and accession shall be deposited with the Secretary-General of the United Nations.

 Article 29. Reservations

No reservations may be made to this Convention.

 Article 30. Entry into force

1. This Convention shall enter into force on the first day of the month following the expiration of one year after the date of deposit of the twentieth instrument of ratification, acceptance, approval or accession. 2. For each State which becomes a Contracting State to this Convention after the date of deposit of the twentieth instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the first day of the month following the expiration of one year after the deposit of the relevant instrument on behalf of that State. 3. Each Contracting State shall apply the provisions of this Convention to contracts of carriage by sea concluded on or after the date of entry into force of this Convention in respect of that State.

 Article 31. Denunciation of other conventions

1. Any State that is a party to the International Convention for the Unification of Certain Rules Relating to Bills of Lading, signed in Brussels on August 25, 1924 (the 1924 Convention), upon becoming a Contracting State to this Convention, shall notify the Government of Belgium, as the depositary of the 1924 Convention, of its denunciation of the said Convention with a declaration that this denunciation shall take effect from the date of the entry into force of this Convention in respect of that State. 2. After the entry into force of this Convention in accordance with paragraph 1 of article 30, the depositary of this Convention shall notify the Government of Belgium, as the depositary of the 1924 Convention, of the date of such entry into force and provide a list of the Contracting States in respect of which this Convention has entered into force. 3. The provisions of paragraphs 1 and 2 of this article shall apply respectively to the States Parties to the Protocol on Amendments to the International Convention for the Unification of Certain Rules Relating to Bills of Lading, signed in Brussels on August 25, 1924, signed on February 23, 1968. 4. Notwithstanding article 2 of this Convention, for the purposes of paragraph 1 of this article, a Contracting State may, if it deems it desirable, postpone the denunciation of the 1924 Convention and the 1924 Convention as amended by the 1968 Protocol for a maximum period of five years from the date of entry into force of this Convention. In this case, it notifies the Belgian Government of its intention. During the transitional period, it shall apply this Convention exclusively to the Contracting States.

 Article 32. Revision and amendment

1. At the request of at least one third of the Contracting States to this Convention, the depositary shall convene a conference of the Contracting States to review or amend it. 2. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to this Convention shall be deemed to relate to the Convention as amended.

 Article 33. Revision of the limitation amounts and the unit of account or currency unit

1. Notwithstanding the provisions of article 32, a conference intended only to review the amounts specified in articles 6 and 26, paragraph 2, or to replace one or both of the units specified in paragraphs 1 and 3 of article 26 with other units, shall be convened by the depositary in accordance with paragraph 2 of this article. The amounts are reviewed only as a result of a significant change in their actual value. 2. The Review Conference shall be convened by the depositary when requested to do so by at least one quarter of the Contracting States. 3. Any decision of the conference must be taken by a two-thirds majority of the participating States. The Depositary shall communicate the amendment to all Contracting States for acceptance and to all Signatory States for information. 4. Any approved amendment shall enter into force on the first day of the month following the expiration of one year after its acceptance by two thirds of the Contracting States. Acceptance is carried out by depositing an official document on this with the depositary. 5. After the amendment enters into force, the Contracting State that has accepted the amendment has the right to apply the Convention as amended in relations with Contracting States that have not notified the depositary within six months of the amendment's approval that they do not consider themselves bound by the amendment. 6. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to this Convention shall be deemed to relate to the Convention as amended.

 Article 34. Denunciation

1. This Convention may be denounced at any time by a Contracting State by written notification addressed to the depositary. 2. The denunciation takes effect on the first day of the month following the expiration of one year after the receipt of such notification by the depositary. If a longer period is specified in the notification, the denunciation takes effect upon the expiration of this period upon receipt by the depositary of such notification. DONE at Hamburg on the thirty-first of March, one thousand nine hundred and seventy-eight, in a single copy, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic.

IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Convention.

 FINAL ACT OF THE UNITED NATIONS CONFERENCE FOR THE SEA TRANSPORTATION OF GOODS

1. The General Assembly of the United Nations, having considered chapter IV of the report of the United Nations Commission on International Trade Law on the work of its ninth session, held in 1976, which contains the draft Convention on the Carriage of Goods by Sea, decided by its resolution 31/100 of December 15, 1976 to convene an international conference of plenipotentiaries in 1978 in New York or at any other convenient location in respect of which the Secretary-General may receive an invitation., to consider the issue of the carriage of goods by sea and to consolidate the results of the work in an international convention and other such documents as it may deem necessary. Subsequently, the Secretary General received and accepted an invitation from the Government of the Federal Republic of Germany to hold such a conference in Hamburg.

2. The United Nations Conference on the Carriage of Goods by Sea was held from 6 to 31 March 1978 in Hamburg, Federal Republic of Germany.

3. The following 78 countries were represented at the Conference: Australia, Austria, Algeria, Argentina, Bangladesh, the Belarusian Soviet Socialist Republic, Belgium, Ivory Coast, Bulgaria, Bolivia, Brazil, Vatican City, Hungary, Venezuela, Gabon, Ghana, the German Democratic Republic, the Federal Republic of Germany, Honduras, Greece, Denmark, Democratic Yemen, Egypt, Zaire, India, Indonesia, Iraq, Iran, Ireland, Spain, Italy, Canada, Kenya, Colombia, Republic of Korea, Cuba, Kuwait, Liberia, Madagascar, Malaysia, Mauritius, Mexico, Nigeria, Netherlands, Norway, United Republic of Cameroon, United Republic of Tanzania, Oman, Pakistan, Panama, Peru, Poland, Portugal, Romania, Senegal, Singapore, Syrian Arab Republic, United Kingdom of Great Britain and Northern Ireland, United States of America, Union of Soviet Socialist Republics, Sierra Leone, Thailand, Trinidad and Tobago, Tunisia, Turkey, Uganda, the Ukrainian Soviet Socialist Republic, the Philippines, Finland, France, Czechoslovakia, Chile, Switzerland, Sweden, Ecuador, Yugoslavia, Jamaica and Japan.

4. One State, Guatemala, sent an observer to the Conference.

5. The General Assembly requested the Secretary-General to invite representatives of organizations that had received a standing invitation from the General Assembly to participate as observers in the sessions and work of all international conferences convened under its auspices, in accordance with General Assembly resolution 3237 (XXIX) of 22 November 1974.; To invite representatives of national liberation movements recognized by the Organization of African Unity in its area to participate as observers in accordance with General Assembly resolution 3280 (XXIX) of December 10, 1974, and to invite specialized agencies and the International Atomic Energy Agency, as well as interested United Nations bodies and other interested intergovernmental and non-governmental organizations, to send their representatives to the Conference as observers. The intergovernmental and non-governmental organizations listed below accepted this proposal and sent their observers to the Conference.:

Specialized institutions

The International Monetary Fund is an intergovernmental maritime Advisory Organization

United Nations bodies

United Nations Conference on Trade and Development Economic Commission for Africa

Other intergovernmental organizations

Community and Common Market of the Caribbean Region Central Office for International Rail Transport European Council Organization for Economic Cooperation and Development

Non-governmental organizations

Baltic and International Maritime Conference International Chamber of Commerce International Chamber of Shipping International Maritime Committee International Association of Shipowners International Union of Marine Insurance Latin American Shipowners Association

6. Mr. Rolf Gerber (Federal Republic of Germany) was elected Chairman of the Conference.

7. The Conference elected representatives of the following States as Vice-Presidents: Algeria, Argentina, Australia, Belgium, Canada, Cuba, Denmark, Ecuador, the German Democratic Republic, Greece, Indonesia, Iraq, Italy, Nigeria, Turkey, Pakistan, the Philippines, Poland, Senegal, the Union of Soviet Socialist Republics, Uganda and Venezuela..

8. The Conference established the following Committees:

The General Committee

Chairman: Chairman of the Conference Members: Chairman and Deputies The Chairman of the Conference and The Chairmen of the First and The Second Committee

The First Committee

Chairman: Mr. Mozen Shafiq (Egypt) Vice Chairman: Mr. S. Suchojewski (Poland) Speaker: Mr. D.M. Low (Canada)

Second Committee

Chairman: Mr. D. Popov (Bulgaria) Vice Chairman: Mr. T.J.A.M. de Bruin (Netherlands) Speaker: Mr. N. Gueiros (Brazil)

Editorial Committee

Chairman: Mr. R.K. Dixit (India) Members: Australia, Argentina, Hungary, German Democratic Republic, India, Iraq, Kenya, Norway, United Republic of Tanzania, Peru, Singapore, United Kingdom Great Britain and Northern Ireland, United States America, the Union of Soviet Socialist Republics, Sierra Leone, France, Ecuador, Japan

Credentials Committee

Chairman: Ms. Khelilia Haji Yusuf (Malaysia) Members: Bangladesh, Canada, Madagascar, Malaysia, Nigeria, Syrian The Arab Republic, the United States of America, Czechoslovakia and Ecuador.

9. The Secretary-General of the United Nations was represented from 6 to 11 March by the Legal Counsel of the United Nations, Mr. Eric Sui, and subsequently by the Director of the Division for General Legal Affairs of the Office of Legal Affairs of the United Nations, Mr. Blaine Sloan. Mr. Willem Vis, Head of the International Trade Law Division of the General Legal Affairs Division of the United Nations Office of Legal Affairs, served as the Executive Secretary.

10. In accordance with its resolution 31/100 of 15 December 1976 on the convening of the conference, the General Assembly submitted to the Conference, as a basis for consideration of the question of the carriage of goods by sea, the draft Convention on the Carriage of Goods by Sea contained in chapter IV of the report of the United Nations Commission on International Trade Law on the work of its ninth session (A/CONF.89/5), text of the draft provisions on implementation, reservations and other final articles prepared by the Secretary-General (A/CONF.89/6 and Add.l and 2), Comments and suggestions from Governments and international organizations (A/CONF.89/7 and Add.l) and the analysis of these comments and suggestions prepared by the Secretary-General (A/CONF.89/8).

11. The Conference requested the First Committee to consider the text of the draft Convention on the Carriage of Goods by Sea and the draft provision on reservations from the draft provisions on implementation, reservations and other final articles prepared by the Secretary-General. The Conference requested the Second Committee to consider other draft provisions on implementation, reservations and other final articles. 12. Based on the debate reflected in the summary records of the Conference (A/CONF.89/SR.1-10), the summary records of the First Committee (A/CONF.89/C.1/SR.1-37) and its report (A/CONF.89/10) and the summary records of the Second Committee (A/CONF.89/C.2/SR.1-11) and his report (A/CONF.89/11), the Conference elaborated the 1978 United Nations Convention on the Carriage of Goods by Sea. 13. This Convention, the text of which is attached to this Final Act (Annex I), was approved by the Conference on March 30, 1978 and opened for signature at the final meeting of the Conference on March 31, 1978. It will be open for signature at its Headquarters in New York until April 30, 1979, after which it will be open for accession in accordance with its provisions. 14. The Convention shall be deposited with the Secretary-General of the United Nations. 15. The Conference also adopted a "general agreement" and a resolution, the texts of which are also attached to this Final Act (Annexes II and III).

IN WITNESS WHEREOF, the representatives have signed this Final Act.

Done at Hamburg, Federal Republic of Germany, on the thirty-first of March, one thousand nine hundred and seventy-eight, in a single copy in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.

Chairman

Executive Secretary

 List of States parties to the Convention United Nations Convention on the Carriage of Goods by Sea, 1978 (Hamburg)

N n/a

State

Signing

Ratification Joining

Entry into force

Austria

April 30th, 1979

July 29, 1993

August 1, 1994

Barbados

February 2, 1981

November 1, 1992

Botswana

February 16, 1988

November 1, 1992

Brazil

March 31, 1978

Burkina Faso

August 14th, 1989

November 1, 1992

Burundi

September 4, 1998

October 1, 1999

Hungary

April 23, 1979

July 5, 1984

November 1, 1992

Venezuela

March 31, 1978

Ghana

March 31, 1978

Guinea

January 23, 1991

November 1, 1992

Germany

March 31, 1978

Georgia

March 21, 1996

April 1, 1997

Denmark

April 18, 1979

Democratic Republic of the Congo

April 19th, 1979

Egypt

March 31, 1978

April 23, 1979

November 1, 1992

3air

April 19th, 1979

Jordan

May 10, 2001

June 1, 2002

Cameroon

October 21st, 1993

November 1, 1994

Kenya

July 31, 1989

November 1, 1992

Lesotho

October 26, 1989

November 1, 1992

Lebanon

April 4, 1983

November 1, 1992

Madagascar

March 31, 1978

Malawi

March 18, 1991

November 1, 1992

Morocco

June 12, 1981

November 1, 1992

Mexico

March 31, 1978

Nigeria

November 7, 1988

November 1, 1992

Norway

April 18, 1979

The United Republic Tanzania

July 24, 1979

November 1, 1992

Pakistan

March 8, 1979

Panama hat

March 31, 1978

Portugal

March 31, 1978

Romania

January 7, 1982

November 1, 1992

His Holiness The Throne

March 31, 1978

Senegal

March 31, 1978

March 17th, 1986

November 1, 1992

St. Vincent and The Grenadines

September 12th, 2000

October 1, 2001

Singapore

March 31, 1978

The Syrian The Arab Republic

October 16, 2002

October 17th, 2003

Slovak Republic

May 28, 1993

United States of America

April 30th, 1979

Sierra Leone

August 15th, 1978

October 7, 1988

November 1, 1992

Tunisia

September 15th, 1980

November 1, 1992

Uganda

July 6, 1979

November 1, 1992

Philippines

June 14th, 1978

Finland

April 18, 1979

France

April 18, 1979

Czech Republic

June 2, 1993

June 23, 1995

July 1, 1996

Chile

March 31, 1978

July 9th, 1982

November 1, 1992

Sweden

April 18, 1979

Ecuador

March 31, 1978

President

Republic of Kazakhstan

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