FINAL ACT OF THE UNITED NATIONS CONFERENCE

ON THE CARRIAGE OF GOODS BY SEA

Document A/CONF.89/13

1. The General Assembly of the United Nations, the capacity of observers, in accordance with General
having considered chapter IV of the report ofthe United Assembly resolution 3237(XXIX) of22 November 1974;
Nations Commission on International Trade Law on the to invite representatives of the national liberation move-
work of its ninth session, in 1976, which contained a draft ments recognized in its region by the Organization of
Convention on the Carriage of Goods by Sea,' decided, African Unity, in the capacity of observers, in accordance
by its resolution 31/100 of 15 December 1976, that an with General Assembly resolution 3280 (XXIX) of 10
international conference of plenipotentiaries should be December 1974; and to invite the specializedagencies and
convened in 1978 in New York, or at any other suitable the- International Atomic Energy Agency, as well as
place for which the Secretary-General might receive an interested organs of the United Nations and other
invitation, to consider the question of the carriage of interested intergovernmental organizations, and inter-
goods by sea and to embody the results of its work in an ested non-governmental organizations, to be represented
international convention and such other instruments as it at the Conference by observers. The following inter-
might deem appropriate. Subsequently, the Secretary- governmental and non-governmental organizations ac-
General received and accepted an invitation from the cepted this invitation and were represented by observers
Government of'the Federal Republic of Germany that the at the Conference:
Conference be convened at Hamburg.
Specialized agencies
2. The United Nations Conference on the Carriage of
Goods by Sea was held at Hamburg, Federal Republic of International Monetary Fund
Germany, from 6 to 31 March 1978. Intergovernmental Maritime Consultative Organization
3. Seventy-eight States were represented at the
United Nations Organs
Conference, as follows: Algeria, Argentina, Australia,
Austria, Bangladesh, Belgium, Bolivia, Brazil, Bulgaria, United Nations Conferenceon Trade and Development
Byelorussian Soviet Socialist Republic, Canada, Chile, Economic Commission for Africa
Colombia, Cuba, Czechoslovakia, Democratic Yemen,
Denmark, Ecuador, Egypt, Finland, France, Gabon, Other interqooernmental organizations
German Democratic Republic, Germany, Federal Re- Caribbean Community and Common Market
public of, Ghana, Greece, Holy See, Honduras, Hungary, Central Office for International Railway Transport
India, Indonesia, Iran, Iraq, Ireland, Italy, Ivory Coast, Council of Europe
Jamaica, Japan, Kenya, Kuwait, Liberia, Madagascar,
Organization for Economic Co-operation and
Malaysia, Mauritius, Mexico, Netherlands, Nigeria,
Norway, Oman, Pakistan, Panama, Peru, Philippines, Development
Poland, Portugal, Republic of Korea, Romania, Senegal,
Sierra Leone, Singapore, Spain, Sweden, Switzerland, Non-governmental organizations
Syrian Arab Republic, Thailand, Trinidad and Tobago, Baltic and International Maritime Conference
Tunisia, Turkey, Uganda,' Ukrainian Soviet Socialist
Republic, Union of Soviet Socialist Republics, United International Chamber of Commerce
Kingdom of Great Britain and Northern Ireland, United International Chamber of Shipping
Republic of Cameroon, United Republic of Tanzania, International Maritime Committee
United States of America, Venezuela, Yugoslavia and International Shipowners' Association
zaire. International Union of Marine Insurance
4. One State, Guatemala, sent an observer to the Latin American ASSOCiation of Shipowners.
Conference. 6. The Conference elected Mr. Rolf Herher (Federal
5. The General Assembly requested the Secretary- Republic of Germany) as President.
General to invite representatives of organizations that 7. The Conference elected as Vice-Presidents the rep-
had received a standing invitation from the General resentatives of the following States: Algeria, Argentina,
Assembly to participate in the sessionsand the work ofall Australia, Belgium, Canada, Cuba, Denmark, Ecuador,
international conferences convened under its auspices, in German Democratic Republic, Greece, Indonesia, Iraq,
Italy. Nigeria, Pakistan, Philippines, Poland, Senegal.
ISee Official Recordsoj the General Assembly. Thirty-first Session.
Supplement No. J 7. The draft Convention is reproduced above under the Turkey, Uganda, Union of Soviet Socialist Republics and
symbol A/CONF.89;S. Venezuela.
147
148 Part I. Doc:umeats of the Conference

8. The following Committees were set up by the by Sea and the draft provision on reservations from the
Conference: draft provisions concerning implementation, reservations
General Committee
and other final clauses prepared by the Secretary-
General. The Conference assigned to the Second Com-
Chairman: The President of the Conference mittee the other draft provisions concerning im-
Members: The President and Vice-Presidents of the plementation, reservations and other final clauses.
Conference, and the Chairmen of the First and the 12. On the basis of the deliberations recorded in the
Second Committees. summary records of the Conference (AiCONF .89iSR.I-
10), the summary records of the First Committee
First Committee
(A/CONF.89iC.liSR.I-37) and its report (Ai
Chairman: Mr. Mohsen Chafik (Egypt) CONF.89/1O) and the summary records of the Second
Vice-Chairman: Mr. S. Suchorzewski (Poland) Committee (A/CONF.89iC.2iSR.I-ll) and its report
Rapporteur: Mr. D. M. Low (Canada) (A/CONF.89/11), the Conference drew up the United
Nations Convention on the Carriage of Goods by Sea,
Second Committee 1978.
Chairman: Mr. D. Popov (Bulgaria) 13. That Convention, the text of which is annexed to
Vice-Chairman: Mr. Th. J. A. M. de Bruijn (Nether- this Final Act (annex I), was adopted by the Conference
lands) on 30 March 1978 and was opened for signature at the
concluding meeting ofthe Conference, on 31 March 1978.
Rapporteur: Mr. N. Gueiros (Brazil)
It will remain open for signature at United Nations
Drafting Committee Headquarters in New York until 30 April 1979, after
which date it will be open for accession, in accordance
Chairman: Mr. R. K. Dixit (India)
with its provisions.
Members: Argentina, Austria, Ecuador, France, 14. The Convention is deposited with the Secretary-
German Democratic Republic, Hungary, India, Iraq, General of the United Nations.
Japan, Kenya, Norway, Peru, Sierra Leone, Singapore,
Union of Soviet.Socialist Republics, United Kingdom of 15. The Conference also adopted a "Common
Great Britain and Northern Ireland, United Republic of understanding" and a resolution, the texts of which are
Tanzania and United States of America. also annexed to this Final Act (annexes n and Ill).
IN WITNESS WHEREOF the representatives have signed
Credentials Committee this Final Act.
Chairman: Mrs. Heliliah Haji Yusof (Malaysia) Done at Hamburg, Federal Republic of Germany, this
Members: Bangladesh, Canada, Czechoslovakia, thirty-first day of March, one thousand nine hundred and
Ecuador, Madagascar, Malaysia, Nigeria, Syrian Arab seventy-eight, in a single copy in the Arabic, Chinese,
Republic and United States of America. English, French, Russian and Spanish languages, each
9. The Secretary-General of the United Nations was text being equally authentic.
represented by Mr. Erik Suy, the Legal Counsel of the
United Nations, from 6 to 11 March, and subsequently
by Mr. Blaine Sloan, Director of the General Legal ANNEXES
Division, Office of Legal Affairs of the United Nations.
Mr. Willem Vis, Chief of the International Trade Law ADHeX I
Branch of the General Legal Division of the Office of VDlted Nations ConveatioD OD the Carriage of Goods by Sea, 1978
Legal Affairs of the United Nations, acted as Executive
Secretary. PREAMBLE
10. The General Assembly, by its resolution 31/100 of THE STATES PARTIES TO THIS CONVENTION.
IS December 1976convening the Conference, referred to HAVING RECOGNIZED the desirability of determiniDI by agreement
the Conference, as the basis for its consideration of the certain rules relating to the carriage of goods by sea,
carriage of goods by sea, the draft Convention on the HAVE DECIDED to conclude a convention for this purpose and have
carriage of Goods by Sea contained in chapter IV of the thereto agreed as follows:
report of the United Nations Commission on Inter- PART I. GENERAL PROVISIONS
national Trade Law on the work of its ninth session
(A/CONF.89/S), the text of draft provisions concerning Article J. Definitions
implementation, reservations and other final clauses In this Convention:
prepared by the Secretary-General (A/CONF.89/6 and I. "Carrier" means any person by whom or in whose name a contract
Add.1 and 2), the comments and proposals by Govern- of carriage of goods by sea has been concluded with a shipper.
ments and international organizations (AiCONF.89/7 2. "Actual carrier" means any person to whom the performance of
and Add. I) and an analysis of these comments the carriage ofthe goods. or of part of the carriage. has been entrusted
and proposals prepared by the Secretary-General by the carrier, and includes any other person to whom such performance
has been entrusted.
(A/CONF.89i8).
3. "Shipper" means any person by whom or in whose name or on
11. The Conference assigned to the First Committee whose behalf a contract of carriage of goods by sea has been concluded
the text of the draft Convention on the Carriage ofGoods with a carrier, or any person by whom or in whose name or on whose
 Proposals, reports aDd other documents 149

behalf the goods are actually delivered to the carrier in relation to the (ii) in cases where the consignee does not receive the goods from the
contract of carriage by sea. carrier. by placing them at the disposal of the consignee in
4. "Consignee" means the person entitled to take delivery of the accordance with the contract or with the law or with the usage of
the particular trade, applicable at the port of discharge; or
goods.
5. "Goods" includes live animals; where the goods are consolidated (iii) by handing over the goods to an authority or other third party to
in a container, pallet or similar article of transport or where they are whom, pursuant to law or regulations applicable at the port of
packed, "goods" includes such article of transport or packaging if discharge, the goods must be handed over.
supplied by the shipper. 3. In paragraphs I and 2 of this article, reference to the carrier or to
6. "Contract of carriage by sea" means any contract whereby the the consignee means, in addition to the carrier or the consignee, the
carrier undertakes against payment offreight to carry goods by sea from servants or agents, respectively of the carrier or the consignee.
one port to another; however, a contract which involves carriage by sea Article 5. Basis of liability
and also carriage by some other means is deemed to be a contract of
carriage by sea for the purposes of this Convention only in so far as it I. The carrier is liable for loss resulting from loss of or damage to the
relates to the carriage by sea. goods, as well as from delay in delivery, if the occurrence which caused
the loss, damage or delay took place while the goods were in his charge
7. "Bill of lading" means a document which evidences a contract of as defined in article 4, unless the carrier proves that he, his servants or
carriage by sea and the taking over or loading of the goods by the carrier, agents took all measures that could reasonably be required to avoid the
and by which the carrier undertakes to deliver the goods against
occurrence and its consequences.
surrender ofthe document. A provision in the document that the goods
are to be delivered to the order of a named person, or to order, or to 2. Delay in delivery occurs when the goods have not been delivered at
bearer, constitutes such an undertaking. the port of discharge provided for in the contract of carriage by sea
within the time expressly agreed upon or, in the absence of such
8. "Writing" includes, inter alia, telegram and telex. agreement, within the time which it would be reasonable to require of a
Article 2. Scope of application diligent carrier, having regard to the circumstances of the case.
I. The provisions of this Convention are applicable to all contracts of 3. The person entitled to make a claim for the loss of goods may treat
carriage by sea between two different States, if: the goods as lost if they have not been delivered as required by article 4
within 60 consecutive days following the expiry ofthe time for delivery
(a) the port of loading as provided for in the contract of carriage by
according to paragraph 2 of this article.
sea is located in a Contracting State, or
4. (a) The carrier is liable
(b) the port ofdischarge as provided for in the contract ofcarriage by
sea is located in a Contracting State, or (i) for loss of or damage to the goods or delay in delivery caused by
fire. if the claimant proves that the fire arose from fault or neglect
(c) one ofthe optional ports of discharge provided for in the contract
on the part of the carrier, his servants or agents;
ofcarriage by sea is the actual port of discharge and such port is located
in a Contracting State, or (ii) for such loss, damage or delay in delivery which is proved by the
claimant to have resulted from the fault or neglect of the carrier,
(d) the bill of lading or other document evidencing the contract of
his servants or agents in taking all measures that could reasonably
carriage by sea is issued in a Contracting State, or be required to put out the fire and avoid or mitigate its
(e) the bill of lading or other document evidencing the contract of consequences.
carriage by sea provides that the provisions of this Convention or the
(b) In case of fire on board the ship affecting the goods.vtthe claimant
legislation of any State giving effect to them are to govern the contract.
or the carrier so desires, a survey in accordance with shipping practices
2. The provisions of this Convention are applicable without regard to must be held into the cause and circumstances of the fire, and a copy of
the nationality of the ship, the carrier, the actual carrier, the shipper, the the surveyor's report shall be made available on demand to the carrier
consignee or any other interested person. and the claimant.
3. The provisions of this Convention are not applicable to charter- 5. With respect to live animals. the carrier is not liable for loss,
parties. However, where a bill oflading is issued pursuant to a charter- damage or delay in delivery resulting from any special risks inherent in
party, the provisions ofthe Convention apply to such a bill oflading if it that kind of carriage. If the carrier proves that he has complied with any
governs the relation between the carrier and the holder of the bill of special instructions given to him by the shipper respecting the animals
lading, not being the charterer. and that, in the circumstances of the case, the loss, damage or delay in
4. If a contract provides for future carriage of goods in a series of delivery could be attributed to such risks, it is presumed that the loss,
shipments during an agreed period, the provisions of this Convention damage or delay in delivery was so caused, unless there is proof that all
apply to each shipment. However, where a shipment is made under a or a part of the loss, damage or delay in delivery resulted from fault or
charter-party, the provisions of paragraph 3 of this article apply. neglect on the part of the carrier, his servants or agents.
Article J. Interpretation of the Convention 6. The carrier is not liable. except in general average, where loss,
damage or delay in delivery resulted from measures to save life or from
In the iDtcrpretation and application of the provisions of this reasonable measures to save property at sea.
Conwntion regard shall be had to its international character and to the
Deed to promote uniformity. 7. Where fault or neglect on the part of the carrier, his servants or
agents combines with another cause to produce loss, ~ge or delay iD
delivery, the carrier is liable only to the extent that the loss, damage or
PART 11. LIABIUTY OF THE CARRIER delay in delivery is attributable to such fault or neglect, provided that the
carrier proves the amount of the loss. damage or delay in delivery not
Article 4. Period of responsibility attributable thereto.
I. The responsibility of the carrier for the goods under this Conven- Article 6. Limits of iiobility
tion covers the period during which the carrier is in clulrge of the goods
at the port of 1oadiDg, during the carriage and at the port of discharge. I. (a) The liability of the carrier for loss resulting from loss of or
damage to goods according to the provisions of article 5 is limited to an
2. Forthepurposeofparagraph I of this article, the carrier is deemed amount equivalent to 835 units of account per package or other shipping
to be in charge of the goods unit or 2.5 units of account per kilogram of gross weight of the goods
(a) from the time he has taken over the goods from: lost or damaged, whichever is the higher.
(i) the shipper, or a person acting on his behalf; or (b) The liability of the carrier for delay in delivery according to the
(ii) an authority or other third party to whom, pursuant to law or provisions of article 5 is limited to an amount equivalent to two and a
regulations applicable at the port of loading, the goods must be half times the freight payable for the goods delayed, but not exceeding
handed over for shipment; the total freight payable under the contract of carriage of goods by sea.
(b) until the time he has delivered the goods: (c) In no case shall the aggregate liability of the carrier, under both
(i) by handing over the goods to the consignee; or subparagraphs (a) and (b) ofthis paragraph. exceed the limitation which
ISO

would be established under subparagraph (a) of this paragraph for total under the contract of carriage by sea to do so. the carrier nevertheless
loss of the goods with respect to which such liability was incurred. remains responsible for the entire carriage according to the provisions of
2. For the purpose of calculating which amount is the higher in this Convention. The carrier is responsible. in relation to the' carriage
accordance with paragraph I (a) of this article, the following rules apply: performed by the actual carrier, for the acts and omissions of the actual
(a) Where a container, pallet or similar article of transport is used to
carrier and of his servants and agents acting within the scope of their
consolidate goods, the package or other shipping units enumerated in employment.
the bill of lading, if issued, or otherwise in any other document 2. All the provisions of this Convention governing the responsibility
evidencing the contract of carriage by sea, as packed in such article of of the carrier also apply to the responsibility of the actual carrier for the
transport are deemed packages or shipping units. Except as aforesaid carriage performed by him. The provisions of paragraphs 2 and 3 of
the goods in such article of transport are deemed one shipping unit. article 7 and of paragraph 2 of article 8 apply if an action is brought
(b) In cases where the article of transport itself has been lost or
against a servant or agent of the actual carrier.
damaged, th.at article of transport, if not owned or otherwise supplied by 3. Any special agreement under which the carrier assumes obli-
the earner, IS considered one separate shipping unit. gations not imposed by this Convention or waives rights conferred by
3. Unit ofaccount means the unit of account mentioned in article 26. this Convention affects the actual carrier only if agreed to by him
expressly and in writing. Whether or not the actual carrier has so agreed,
4. B.y agreement between the carrier and the shipper, limits ofliability the carrier nevertheless remains bound by the obligations or waivers
exceeding those provided for in paragraph I may be fixed. resulting from such special agreement.
Article 7. Application to non-contractual claims 4. Where and to the extent that both the carrier and the actual carrier
I. The defences and limits ofliability provided for in this Convention are liable. their liability is joint and several.
apply in any action against the carrier in respect of loss of or damage to S. The aggregate of the amounts recoverable from the carrier, the
the.goods covered by the contract of carriage by sea, as wellas of delay in actual carrier and their servants and agents shall not exceed the limits of
delivery whether the action is founded in contract, in tort or otherwise. liability provided for in this Convention.
2'. If such an action is brought against a servant or agent of the 6. Nothing in this article shall prejudice any right of recourse as
earner, such servant. or agent, ifhe proves that he acted within the scope between the carrier and the actual earner.
of his employment, IS entitled to avail himself of the defences and limits Article /1. Through carriage
ofliability which the carrier is entitled to invoke under this Convention.
3. Except as provided in article 8. the aggregate of the amounts I. Notwithstanding the provisions of paragraph I of article 10, where
recoverable from the carrier and from any persons referred to in a contract of carriage by sea provides explicitly that a specified part of
paragraph 2 of this article shall not exceed the limits ofliability provided the carriage covered by the said contract is to be performed by a named
for in this Convention. person other than the carrier, the contract may also provide that the
carrier is not liable for loss, damage or delay in delivery caused by an
Article 8. Loss of right to limit responsibility occurrence which takes place while the goods are in the charge of the
I. The carrier is not entitled to the benefit of the limitation of liability actual carrier during such part of the carriage. Nevertheless, any
provided for in article 6 if it is proved that the loss, damage or delay in stipulation limiting or excluding such liability is without effect if no
delivery resulted from an act or omission of the carrier done with the judicial proceedings can be instituted against the actual carrier in a court
intent to cause such loss, damage or delay, or recklessly and with competent under paragraph I or 2 of article 21. The burden of proving
knowledge that sue' loss, damage or delay would probably result. that any loss, damage or delay in delivery has been caused by such an
occurrence rests upon the carrier.
2. NotwithstanC:mg the provisions of paragraph 2 of article 7. a
servant or agent of the carrier is not entitled to the benefit of the 2. The actual carrier is responsible in accordance with the provisions
limitation ofliability provided for in article 6 if it is proved that the loss, of paragraph 2 of article 10 for loss, damage or delay in delivery caused
damage or delay m delivery resulted from an act or omission of such by an occurrence which takes place while the goods are in his .charge.
servan! or agent. done with the intent to cause such loss, damage or
delay, or recklessly and with knowledge that such loss, damage or delay PART Ill. LIABILITY OF THE SHIPPER
would probably result.
Article 12. General rule
Article 9. Deck cargo
The shipper is not liable for loss sustained by the carrier or the actual
I. The carrier is entitled to carry the goods on deck only if such
carrier. or for damage sustained by the ship, unless such loss or damage
carriage is in accordance with an agreement with the shipper or with the
was caused by the fault or neglect of the shipper, his servants or agents.
usage of the particular trade or is required by statutory rules or
Nor is any servant or agent of the shipper liable for such loss or damage
regulations.
unless the loss or damage was caused by fault or neglect on his part.
2. If the carrier and the shipper have agreed that the goods shall or
may be carried on deck, the carrier must insert in the bill of lading or Article 13. Special rules on dangerous goods
other document evidencing the contract of carriage by sea a statement to I. The shipper must mark or label in a suitable manner dangerous
that elTec:t. In the absence of such a statement the carrier has the burden goods as dangerous.
of proving that an agreement for carriage on deck has been entered into'
2. Where the shipper hands over dangerous goods to the carrier or an
however. the carrier is not entitled to invoke such an agreement against ~
actual carrier, as the case may be, the shipper must inform him of the
third party. including a consignee. who has acquired the bill oflading in
dangerous character ofthe goods and, if necessary, ofthe precautions to
good faith.
be taken. If the shipper fails to do so and such carrier or actual carrier
3. Where the goods have been carried on deck contrary to the does not otherwise have knowledge of their dangerous character:
provisions of paragraph I of this article or where the carrier may not
(a) the shipper is liable to the carrier and any actual carriet for the loss
under paragraph 2 of this article invoke an agreement for carriage on
deck. the carrier. notwithstanding the provisions of paragraph I of resulting from the shipment of such goods, and
article S, is liable for loss of or damage to the goods, as well as for delay (b) the goods may at any time be unloaded, destroyed or rendered
in delivery, resulting solely from the carriage on deck, and the extent of innocuous. as the circumstances may require, without payment of
his liability is to be determined in accordance with the provisions of compensation.
article 6 or article 8 of this Convention, as the case may be. 3. The provisions of paragraph 2 ofthis article may not be invoked by
4. Carriage of goods on deck contrary to express agreement for any person if during the carriage he has taken the goods in his charge
carriage under deck is deemed to be an act or omission of the carrier with knowledge of their dangerous character.
within the meaning of article 8. 4.1f, in cases where the provisions of paragraph 2. subparagraph (b),
of this article do not apply or may not be invoked, dangerous goods
Article 10. Liability of the carrier and actual carrier
become an actual danger to life or property, they may be unloaded,
I. Where the performance of the carriage or part thereof has been destroyed or rendered innocuous, as the circumstances may require,
entrusted to an actual carrier, whether or not in pursuance of a liberty without payment of compensation except where there is an obligation to
 Proposals, reports ancl other doc:uments 151

contribute in general average or where the carrier is liable in accordance inaccuracies, grounds of suspicion or the absence of reasonable means
with the provisions of article S. of checking.
2. If the carrier or other person issuing the bill of lading on his behalf
PART IV. TRANSPORT DOCUMENTS fails to note on the bill of lading the apparent condition of the goods, he
is deemed to have noted on the bill of lading that the goods were in
Article 14. Issue of bill of lading apparent good condition.
3. Except for particulars in respect of which and to the extent to
I. When the carrier or the actual carrier takes the goods in his charge.
which a reservation permitted under paragraph I of this article has been
the carrier must, on demand of the shipper, issue to the shipper a bill of
lading. entered:
(a) the bill of lading is prima facie evidence' of the taking over or.
2. The bill oflading may be signed by a person having authority from
where a "shipped" bill of lading is issued. loading, by the carrier of the
the ca~er. A bill of lading signed by the master of the ship carrying the
goods as described in the bill of lading; and
goods ISdeemed to have been signed on behalf of the carrier.
(b) proof to the contrary by the carrier is not admissible if the bill of
3', ~ signature on the bill oflading may be in handwriting. printed in
lading has been transferred to a third party, including a consignee, who
facslmtl~, perforated, .stamped, in symbols, or made by any other
in good faith has acted in reliance on the description of the goods
mechanical or electronic means, if not inconsistent with the law of the
country where the bill of lading is issued. therein.
4. A bill of lading which does not, as provided in paragraph I,
Article 15. Contents of bill of lading subparagraph (k), ofarticle 15, set forth the freight or otherwise indicate
I. The bill oflading must include, inter alia, the following particulars: that freight is payable by the consignee or does not set forth demurrage
incurred at the port of loading payable by the consignee, is prima facie
(a) the general nature of the goods, the leading marks necessary for evidence that no freight or such demurrage is payable by him. However,
identification of the goods, an express statement, if applicable, as to the proof to the contrary by the carrier is not admissible when the bill of
dangerous character of the goods, the number ofpackages or pieces, and lading has been transferred to a third party, including a consignee, who
the weight of the goods or their quantity otherwise expressed. all such in good faith has acted in reliance on the absence in the bill of lading of
particulars as furnished by the shipper;
any such indication.
(b) the apparent condition of the goods;
Article 17. Guarantees by the shipper
(c) the name and principal place of business of the carrier;
(d) the name of the shipper; I. The shipper is deemed to have guaranteed to the carrier the
accuracy of particulars relating to the general nature of the goods, their
(e) the consignee if named by the shipper;
marks, number, weight and quantity as furnished by him for insertion in
if) the port of loading under the contract of carriage by sea and the the bill oflading. The shipper must indemnify the carrier against the loss
date on which the goods were taken over by the carrier at the port of resulting from inaccuracies in such particulars. The shipper remains
loading; liable even if the bill of lading has been transferred by him. The right of
(g) the port of discharge under the contract of carriage by sea; the carrier to such indemnity in no way limits his liability under the
(h) the number of originals of the bill of lading, if more than one; contract of carriage by sea to any person other than the shipper.
(i) the place of issuance of the bill of lading; 2. Any letter of guarantee or agreement by which the shipper
U) the signature of the carrier or a person acting on his behalf; undertakes to indemnify the carrier against loss resulting 'rorn the
issuance of the bill of lading by the carrier, or by a person acting on his,
. (~) t.he freight ~o the extent payable by the consignee or other behalf, without entering a reservation relating to particulars furnished
indication that freight IS payable by him; by the shipper for insertion in the bill of lading, or to the apparent
(I) the statement referred to in paragraph 3 of article 23; condition of the goods, is void and of no effect as against any third party,
(m) the statement, if applicable, that the goods shall or may be carried including a consignee, to whom the bill of lading has been transferred.
on deck; 3. Such letter of guarantee or agreement is valid as against the shipper
. (n) the ~ate or the period of delivery of the goods at the port of unless the carrier or the person acting on his behalf, by omitting the
discharge If expressly agreed upon between the parties; and reservation referred to in paragraph 2 of this article, intends to defraud a
(0) any increased limit or limits of liability where agreed in accord- third party, including a consignee, who acts in reliance on the
ante with paragraph 4 of article 6. description of the goods in the bill of lading. In the latter case, if the
reservation omitted relates to particulars furnished by the shipper for
2. After the goods have been loaded on board, if the shipper so
insertion in the bill of lading. tile carrier has no right of indemnity from
demands, the ~~rrier must issue to the shipper a "shipped" bill of lading
the shipper pursuant to paragraph I of this article.
which, ID addition to the particulars required under paragraph I of this
article, must state that the goods are on board a named ship or ships. and 4. In the case of intended fraud referred to in paragraph 3 of this
the date or dates of loading. If the carrier has previously issued to the article, the carrier is liable, without the benefit of the limitation of
shipper a bill of lading or other document of title with respect to any of liability provided for in this Convention, for the loss incurred by a third
such goods, on request of the carrier the shipper must surrender such party, including a consignee, because he has acted in reliance on the
document in exchange for a "shipped" bill of lading. The carrier may description of the goods In the bill of lading.
amend any previously issued document in order to meet the shipper's Article 18. Documents other than bills of 1IJding
demand for a "shipped" bill of lading if, as amended, such document
includes all the information required to be contained in a "shipped" bill Where a carrier issues a document other than a bill of lading to
of lading. evidence the receipt of the goods to be carried, such a document is prima
facie,evidence of theconclusion of the contract ofcarriage by sea and the
3. The absence in the bill oflading ofone or more particulars referred
taking over by the carrier of the goods as therein described.
to in this article does not affect the legal character of the document as a
bill oflading provided that it nevertheless meets the requirements set out
in paragraph 7 of article I. PART V. CLAIMS AND ACTIONS
Article 16. Bills of lading: reservations and evidentiary effect
Article 19. Notice of loss. domage or delay
. I. If the bill of lading contains particulars concerning the general
I. Unless notice of loss or damage, specifying the general nature of
nature, leading marks, number of packages or pieces, weight or quantity
of the goods which the carrier or other person issuing the bill of lading such loss or damage, is given in writing by the consignee to the carrier
not later than the working day after the day when the goods were handed
on his behalf knows or has reasonable grounds to suspect do not
over to the consignee, such handing over is prima facie evidence of the
accurately represent the goods actually taken over or, where a
"shipped" bill of lading is issued, loaded, or if he had no reasonable delivery by the carrier of the goods as described in the document of
transport or, if no such document has been issued, in good condition.
means.of checking suc~ particulars, the carrier or such other person
must insert ID the bill of lading a reservation specifying these 2. Where the loss or damage is not apparent, the provisions of
 152 Part I. Documents of the Conference

paragraph I of this article apply correspondingly if notice in writing is rules ofthe law of that State and of intemationallaw. However, in such a
not given within 15 consecutive days after the day when the goods were case, at the petition of the defendant. the claimant must remove the
handed over to the consignee. action, at his choice. to one of the jurisdictions referred to in paragraph I
3. Ifthe state of the goods at the time they were handed over to the of this article for the determination of the claim, but before such removal
consignee has been the subject of a joint surveyor inspection by the the defendant must furnish security sufficient to ensure payment of any
parties, notice in writing need not be given ofloss or damage ascertained judgement that may subsequently be awarded to the claimant in the
during such surveyor inspection. action.
4. In the case of any actual or apprehended loss or damage, the (b) All questions relating to the sufficiency or otherwise of the
carrier and the consignee must give all reasonable facilities to each other security shall be determined by the court of the port or place of the
for inspecting and tallying the goods. arrest.
5. No compensation shall be payable for loss resulting from delay in 3. No judicial proceedings relating to carriage of goods under this
delivery unless a notice has been given in writing to the carrier within 60 Convention may be instituted in a place not specified in paragraph I or 2
consecutive days after the day when the goods were handed over to the of tbis article. The provisions of this paragraph do not constitute an
consignee. obstacle to the jurisdiction of the Contracting States for provisional or
6. If the goods have been delivered by an actual carrier, any notice protective measures.
given under this article to him shall have the same effect as if it had been 4. (a) Wbere an action has been instituted in a court competent
given to the carrier, and any notice given to the carrier shall have effect under paragraph I or 2 of this article or where judgement has been
as if given to such actual carrier. delivered by such a court, no new action may be started between the
7. Unless notice of loss or damage, specifying the general nature of same parties on the same grounds unless the judgement of the court
the loss or damage, is given in writing by the carrier or actual carrier to before whicb the first action was instituted is not enforceable in tbe
the shipper not later than 90 consecutive days after the occurrence of country in wbich the new proceedings are instituted;
such loss or damage or after the delivery of the goods in accordance with (b) For the purpose of this article, the institution of measures with a
paragraph 2 of article 4. whichever is later, the failure to give such notice view to obtaining enforcement of a judgement is not to be considered as
is prima facie evidence that the carrier or the actual carrier has sustained the starting of a new action:
no loss or damage due to the fault or neglect of the shipper, his servants (c) For the purpose of this article. the removal of an action to a
or agents. different court within the same country. or to a court in another country,
8. For the purpose of this article, notice given to a person acting on in accordance with paragraph 2 (a) of this article. is not to be considered
the carrier's or the actual carrier's behalf, including the master or the as the starting of a new action.
officer in charge of the ship, or to a person acting on the shipper's behalf 5. Notwithstanding the provisions of the preceding paragraphs, an
is deemed to have been given to the carrier, to the actual carrier or to the agreement made by the parties, after a claim under the contract of
shipper, respectively. carriage by sea has arisen, which designates the place where the claimant
may institute an action. is effective.
Article 20. Limitation ofactions
Article 22. Arbitration
I. Any action relating to carriage of goods under this Convention is
time-barred if judicial or arbitral proceedings have not been instituted I. Subject to the provisions of this article, parties may provide by
within a period of two years. agreement evidenced in writing that any dispute that may arise relating
2. T e limitation period commences on the day on which the carrier to carriage of goods under this Convention shall be referred to
has dc.ivered the goods or part thereof or, in cases where no goods have arbitration.
been delivered, on the last day on which the goods should have been 2. Wbere a charter-party contains a provision that disputes arising
delivered. thereunder shall be referred to arbitration and a bill of lading issued
3. The day on which the limitation period commences is not included pursuant to the charter-party does not contain a special annotation
in the period. providing that sucb provision shall be binding upon the holder of the bill
4. The person against whom a claim is made may at any time during of lading, the carrier may not invoke such provision as against a bolder
the running of the limitation period extend that period by a declaration having acquired the bill of lading in good faith.
in writing to the claimant. This period may be further extended by 3. The arbitration proceedings shall. at the option of the claimant, be
another declaration or declarations. instituted at one of the following places:
5. An action for indemnity by a person held liable may be instituted (a) a place in a State within whose territory is situated:
even after the expiration of the limitation period provided for in the (i) the principal place of business of the defendant or, in the absence
preceding paragraphs if instituted within the time allowed by the law of thereof, the habitual residence of the defendant; or
the State where proceedings are instituted. However, the time allowed (ii) the place where the contract was made, provided that the
shall not be less than 90 days commencing from the day when the person defendant has there a place of business, branch or agency
instituting such action for indemnity has settled the claim or has been through wbich the contract was made; or
served with process in the action against himself.
(iii) the port of loading or the port of discharge; or
Article 2J. Jurisdiction (b) any place designated for tbat purpose in the arbitration clause or
l. In judicial proceedings relating to carriage of goods under this agreement.
Convention the plaintiff, at his option, may institute an action in a court 4. The arbitrator or arbitration tribunal shall apply the rules of this
which according to the law of the State where the court is situated, is Convention.
competent and witbin the jurisdiction of wbich is situated one of tbe 5. The provisions of paragraphs 3 and 4 of this article are deemed to
fonowing places: be part of every arbitration clause or agreement, and any term of such
(a) the principal place of business or, in the absence thereof the clause or agreement which i'S inconsistent therewith is null and void.
habitual residence of the defendant; or ' 6. Nothing in this article affects the validity of an agreement relating
(b) the place where tbe contract was made, provided that tbe to arbitration made by tbe parties after the claim under the contract of
defendant has there a place ofbusiness, brancb or agency through which carriage by sea has arisen.
the contract was made; or
(c) the port of loading or the port of discharge; or
(d) any additional place designated for that purpose in the contract PART VI. SUPPLEMENTARY PROVISIONS
of carriage by sea.
Article 23. Contractual stipulations
2. (a) Notwitbstanding the preceding provisions of this article, an
action may be instituted in the courts of any port or place in a I. Any stipulation in a contract of carriage by sea, in a bill oflading,
Contracting State at wbich the carrying vessel or any other vessel of the or in any other document evidencing the contract of carriage by sea is
same ownersbip may have been arrested in accordance with applicable null and void to the extent that it derogates, directly or indirectly, from
 Proposllls, reports.Dd other documents 153

the provisions of this Convention. The nullity of such a stipulation does The amounts mentioned in article 6 are to be converted into the national
not affect the validity of the other provisions of the contract or currency ofa State accordingto the value of such currency at the date of
document of which it forms a part. A clause assigning benefit of judgement or the date agreed upon by the parties. The value of a
insurance of goods in favour of the carrier, or any similar clause, is null national currency, in terms of the special drawing right, ofa Contracting
and void. State which is a member of the International Monetary Fund is to he
2. Notwithstanding the provisions of paragraph I of this article, a calculated in accordance with the method of valuation applied by the
carrier may increase his responsibilities and obligations under this International Monetary Fund in effect at the date in question for its
Convention. operations and transactions. The value of a national currency, in terms
of the special drawing right, or'a Contracting State which is not a
3. Where a bill of lading or any other document evidencing the
member of the International Monetary Fund is to be calculated in a
contract ofcarriage by sea is issued, it must contain a statement that the
manner determined by that State.
carriage is subject to the provisions ofthis Convention which nullify any
stiJN:1ation derogating therefrom to the detriment of the shipper or the 2. Nevertheless, those States which are not members of the In-
conSignee. ternational Monetary Fund and whose law does not permit the
application of the provisions of paragraph I of this article may, at the
4. Where the claimant in respect of the goods has incurred loss as a
time of signature, or at the time of ratification, acceptance, approval or
result of a stipulation which is null and void by virtue of the present
accession or at any time thereafter, declare that the limits of liability
article, or as a result of the Omission of the statement referred to in
provided for in this Convention to be applied in their territories shall be
parqraph 3 of this article, the carrier must pay compensation to the
fixed as 12,500 monetary units per package or other shipping unit or 37.S
extent required in order to give the claimant compensation in accord-
monetary units per kilogram of gross weight of the goods.
ance with the provisions of this Convention for any loss of or damage to
the goods as well as for delay in delivery. The carrier must, in addition 3. The monetary unit referred to in paragraph 2 of this article
pay compensation for costs incurred by the claimant for the purpose of corresponds to sixty~five and a half milligrams of gold of millesimal
exercising his right, provided that costs incurred in the action where the fineness nine hundred. The conversion of the amounts referred to in
foregoing provision is invoked are to be determined in accordance with paragraph 2 into the national currency is to be made according to the
the law of the State where proceedings are instituted. law of the State concerned.
4. The calculation mentioned in the last sentence of paragraph I and
Article 24. General average the conversion mentioned in paragraph 3 of this article is to be made in
I. Nothing in this Convention shall prevent the application of such a manner as to express in the national currency of the Contracting
provisions in the contract of carriage by sea or national law regarding State as far as possible the same real value for the amounts in article 6 as
the adjustment of general average. is expressed there in units of account. Contracting States must
2. With the exception of article 20, the provisions of this Convention communicate to the depositary the manner Of calculation pursuant to
relating to the liability of the carrier for loss of or damage to the goods paragraph I of this article, or the result of the conversion mentioned in
also determine whether the consignee may refuse contribution in general paragraph 3 of this article, as the case may be, at the time ofsignature or
average and the liability of the carrier to indemnify the consignee in when depositing their instruments of ratification, acceptance, approval
respect of any such contribution made or any salvage paid. or accession, or when availing themselves of the option provided for in
paragraph 2 of this article and whenever there is a change in the manner
Article 25. Other conventions of such calculation or in the result of such conversion.
I. This Convention does not modify the rights or duties of the carrier,
the actual carrier and their servants and agents provided for in
international conventions or national law relating to the limitation of
liability of owners of seagoing ships. PART VII. FINAL CLAUSES
2. The provisions of articles 21 and 22 of this Convention do not
Article 27. Depositary
prevent the application of the mandatory provisions of any other
multilateral convention already in force at the date of this Convention The Secretary-General of the United Nations is hereby designated as
relating to matters dealt with in the said articles, provided that the the depositary of this Convention.
dis~ute a~ses exclusively between parties having their principal place of
buSIness ID States members of such other convention. However, this Article 28. Signature. Ratification. Acceptance, Approval.
paragraph does not affect the application of paragraph 4 of article 22 of Accession
this Convention.
3. No liability shall arise under the provisions of this Convention for I. This Convention is open for signature by all States until 30 April
damage caused by a nuclear incident if the operator of a nuclear 1979 at the Headquarters of the United Nations, New York.
installation is liable for such damage: 2. This Convention is subject to ratification, acceptance or approval
(0) under either the Paris Convention of29 July 1960 on Third Party by the signatory States.
Liability in the Field of Nuclear Energy as amended by the Additional 3. After 30 April 1979, this Convention will be open for accession by
Protocol of28 January 1964, orthe Vienna Convention of21 May 1963 all States which are not signatory States.
on Civil Liability for Nuclear Damage, or . 4. Instruments ofratification, acceptance, approval and accession are
(b). by virtue of national law governing the liability for such damage, to be deposited with the Secretary-General of the United Nations.
provided that such law is in all respects as favourable to persons who Article 29. Reservations
may suffer damage as is either the Paris Convention or the Vienna
Convention. No reservations may be made to this Convention.
4. No liability shall arise under the provisions of this Convention for Article 30. Entry into force
any loss of or damage to or dday in delivery ofluggage for which the
carrier is responsible under any international convention or nationallaw I. This Convention enters into force on the first day of the month
relating to the carriage of passengers and their luggage by sea. following the eXpiration of one year from the date of deposit of the
twentieth instrument of ratification, acceptance, approval or accession.
S. Nothing ~ntained in ~s Convention prevents a Contracting
~te from applylDg any other mternational convention which is already 2. For each State which becomes a Contracting State to this
In force at the date of this Convention and which applies mandatorily to . Convention after the date of the deposit of the twentieth instrument of
contracts of carriage of goods primarily by a mode of transport other ratification, acceptance, approval or accession, this Convention enters
than transport by sea. This provision also applies to any subsequent into force on the first day of the month following the expiration of one
revision or amendment of such international convention. year after the deposit of the appropriate instrument on behalf of that
State.
Article 26. Unit ofaccount
3. Each Contracting State shall apply the provisions of this Conven-
I. The unit of account referred to in article 6 of this Convention is the tion to contracts ofcarriage by sea concluded on or after the date of the
special drawing right as defined by the International Monetary Fund. entry into force of this Convention in respect of that State.
154 Part I. Doeuments of the Conference

Article 3 J. Denunciation of other conventions Article 34. Denunciation

1. Upon becoming a Contracting State to this Convention, any State 1. A Contracting State may denounce this Convention at any time by
Party to the International Convention for the Unification of certain means of a notification in writing' addressed to the depositary.
Rules relating to Bills of Lading signed at Brussels on 25 August 1924 2. The denunciation takes effect on the first day of the month
(1924 Convention) must notify the Government of Belgium as the following the expiration of one year after the notification is received by
depositary of the 1924 Convention of its denunciation of the said the depositary. Where a longer period is specified in the notification, the
Convention with a declaration that the denunciation is to take effect as denunciation takes effect upon the expiration of such longer period after
from the date when this Convention enters into force in respect of that the notification is received by the depositary.
State.
DoNE at Hamburg, this thirty-first day of March one thousand nine
2. Upon the entry into force of this Convention under paragraph 1 of hundred and seventy-eight, in a single original, of which the Arabic,
article 30, the depositary of this Convention must notify the Govern-
Chinese, English, French, Russian and Spanish texts are equally
ment of Belgium as the depositary of the 1924 Convention of the date of
such entry into force, and of the names of the Contracting States in authentic.
respect of which the Convention has entered into force. IN WITNESS WHEREOF the undersigned plenipotentiaries. being duly
3. The provisions of paragraphs 1 and 2 of this article apply authorized by their respective Governments, have signed the present
correspondingly in respect ofStates Parties to the Protocol signed on 23 Convention.
February 1968 to amend the International Convention for the Unifi-
.cation of certain Rules relating to Bills of Lading signed at Brussels on
25 August 1924.
4. Notwithstanding article 2 of this Convention. for the purposes of Anex )J
paragraph 1 of this article, a Contracting State may, if it deems it
desirable, deferthe denunciation ofthe 1924Convention and ofthe 1924
Convention as modified by the 1968 Protocol for a maximum period of C_on uDderstaDding adopted by the United NatioDs CODference
five years from the entry into force of this Convention. It will then notify OD the Carriage of Goods by Se.
the Government of Belgium of its intention. During this transitory
period, it must apply to the Contracting States this Convention to the It is the common understanding that the liability of the carrier under
exclusion of any other one. this Convention is based on the principle of presumed fault or neglect.
This means that. as a rule. the burden of proof rests on the carrier but.
Article 32. Revision and amendment with respect to certain cases, the provisions of the Convention modify
1. At the request of not less than one third of the Contracting States this rule.
to this Convention, the depositary shall convene a conference of the
Contracting States for revising or amending it.
2. Any instrument of ratification, acceptance, approval or accession
deposited after the entry into force ofan amendment to this Convention
is deemed to apply to the Convention as amended. Annex III

Article 33. Recision of the limitation amounts and unit of account Resolution adopted by the UDited Nations Conference
or monetary unit on the Carriage of Goods by Sea
I. Notwithstanding the provisions of article 32, a conference only for
the purpose ofaltering the amount specified in article 6 and paragraph 2 The United Nations Conference on the Carriage of Goods by Sea.,
of article 26, or of substituting either or both of the units defined in
paragraphs I and 3 of article 26 by other units is to be convened by the Noting with appreciation the kind invitation of the Federal Republic
depositary in accordance with paragraph 2 of this article. An alteration of Germany to hold the Conference in Hamburg.
of the amounts shall be made only because of a significant change in Being a....are that the facilities placed at the disposal of the Conference
their real value. and the generous hospitality bestowed on the participants by the
2. A revision conference is to be convened by the depositary when not Government of the Federal Republic of Germany and by the Free and
less than one fourth of the Contracting States so request. Hanseatic City of Hamburg have in no small measure contributed to the
success of the Conference,
3. Any decision by the conference must be taken by a two-thirds
majority of the participating States. The amendment is communicated Expresses its gratitude to the Government and people of the Federal
by the depositary to all the Contracting States for acceptance and to all Republic of Germany, and
the States signatories of the Convention for information. Hal'ing adopted the Convention on the Carriage of Goods by Sea on
4. Any amendment adopted enters into force on the first day of the the basis of a draft Convention prepared by the United Nations
month following one year after its acceptance by two thirds of the Commission on International Trade Law at the request of the United
Contracting States. Acceptance is to be effccted by the deposit of a Nations Conference on Trade and Development,
formal instrument to that effect with the depositary. Expresses its gratitude to the United Nations Commission on
5. After entry into force ofan amendment a Contracting State which International Trade Law and to the United Nations Conference on Trade
has accepted the amendment is entitled to apply the Convention as and Development for their outstanding contribution to the simplifi-
amended in its relations with Contracting States which have not within cation and harmonization of the law of the carriage of goods by sea, and
silt months after the adoption of the amendment notified the depositary Decides to designate the Convention adopted by the Conference as
that they are not bound by the amendment. the: "United Nations Convention on the Carriage of Goods by Sea,
6. Any instrument of ratification, acceptance, approval or accession 1978", and
deposited after the entry into force ofan amendment to this Convention Recommends that the rules embodied therein be known as the
is deemed to apply to the Convention as amended. "Hamburg Rules".