爱华网United Nations Convention on Contractsfor
the International Carriage of Goods Wholly orPartly by Sea
Chapter 1 General provisions
Article 1 Definitions
For the purposes of this Convention:
1.“Contract of carriage” means a contract in which a carrier,against the payment of freight, undertakes to carry goods from oneplace to another. The contract shall provide for carriage by seaand may provide for carriage by other modes of transport inaddition to the sea carriage.
2.“Volume contract” means a contract of carriage that providesfor the carriage of a specified quantity of goods in a series ofshipments during an agreed period of time. The specification of thequantity may include a minimum, a maximum or a certain range.
3.“Liner transportation” means a transportation service that isoffered to the public through publication or similar means andincludes transportation by ships operating on a regular schedulebetween specified ports in accordance with publicly availabletimetables of sailing dates.
4.“Non-liner transportation” means any transportation that isnot liner transportation.
5.“Carrier” means a person that enters into a contract ofcarriage with a shipper.
6.(a)“Performing party” means a person other than the carrierthat performs or undertakes to perform any of the carrier’sobligations under a contract of carriage with respect to thereceipt, loading, handling, stowage, carriage, care, unloading ordelivery of the goods, to the extent that such person acts, eitherdirectly or indirectly, at the carrier’s request or under thecarrier’s supervision or control.
(b)“Performing party” does not include any person that isretained, directly or indirectly, by a shipper, by a documentaryshipper, by the controlling party or by the consignee instead of bythe carrier.
7.“Maritime performing party” means a performing party to theextent that it performs or undertakes to perform any of thecarrier’s obligations during the period between the arrival of thegoods at the port of loading of a ship and their departure from theport of discharge of a ship. An inland carrier is a maritimeperforming party only if it performs or undertakes to perform itsservices exclusively within a port area.
8.“Shipper” means a person that enters into a contract ofcarriage with a carrier.
9.“Documentary shipper” means a person, other than the shipper,that accepts to be named as “shipper” in the transport document orelectronic transport record.
10.“Holder” means:
(a)A person that is in possession of a negotiable transportdocument; and (i) if the document is an order document, isidentified in it as the shipper or the consignee, or is the personto which the document is duly endorsed; or (ii) if the document isa blank endorsed order document or bearer document, is the bearerthereof; or
(b)The person to which a negotiable electronic transport recordhas been issued or transferred in accordance with the proceduresreferred to in article 9, paragraph 1.
11.“Consignee” means a person entitled to delivery of the goodsunder a contract of carriage or a transport document or electronictransport record.
12.“Right of control” of the goods means the right under thecontract of carriage to give the carrier instructions in respect ofthe goods in accordance with chapter 10.
13.“Controlling party” means the person that pursuant to article51 is entitled to exercise the right of control.
14.“Transport document” means a document issued under a contractof carriage by the carrier that:
(a)Evidences the carrier’s or a performing party’s receipt ofgoods under a contract of carriage; and
(b)Evidences or contains a contract of carriage.
15.“Negotiable transport document” means a transport documentthat indicates, by wording such as “to order” or “negotiable” orother appropriate wording recognized as having the same effect bythe law applicable to the document, that the goods have beenconsigned to the order of the shipper, to the order of theconsignee, or to bearer, and is not explicitly stated as being“non-negotiable” or “not negotiable”.
16.“Non-negotiable transport document” means a transportdocument that is not a negotiable transport document.
17.“Electronic communication” means information generated, sent,received or stored by electronic, optical, digital or similar meanswith the result that the information communicated is accessible soas to be usable for subsequent reference.
18.“Electronic transport record” means information in one ormore messages issued by electronic communication under a contractof carriage by a carrier, including information logicallyassociated with the electronic transport record by attachments orotherwise linked to the electronic transport recordcontemporaneously with or subsequent to its issue by the carrier,so as to become part of the electronic transport record,that:
(a) Evidences the carrier’s or a performing party’s receipt ofgoods under a contract of carriage; and
(b) Evidences or contains a contract of carriage.
19.“Negotiable electronic transport record” means an electronictransport record:
(a) That indicates, by wording such as “to order”, or“negotiable”, or other appropriate wording recognized as having thesame effect by the law applicable to the record, that the goodshave been consigned to the order of the shipper or to the order ofthe consignee, and is not explicitly stated as being“non-negotiable” or “not negotiable”; and
(b) The use of which meets the requirements of article 9,paragraph 1.
20.“Non-negotiable electronic transport record” means anelectronic transport record that is not a negotiable electronictransport record.
21.The “issuance” of a negotiable electronic transport recordmeans the issuance of the record in accordance with procedures thatensure that the record is subject to exclusive control from itscreation until it ceases to have any effect or validity.
22.The “transfer” of a negotiable electronic transport recordmeans the transfer of exclusive control over the record.
23.“Contract particulars” means any information relating to thecontract of carriage or to the goods (including terms, notations,signatures and endorsements) that is in a transport document or anelectronic transport record.
24.“Goods” means the wares, merchandise, and articles of everykind whatsoever that a carrier undertakes to carry under a contractof carriage and includes the packing and any equipment andcontainer not supplied by or on behalf of the carrier.
25.“Ship” means any vessel used to carry goods by sea.
26.“Container” means any type of container, transportable tankor flat, swapbody, or any similar unit load used to consolidategoods, and any equipment ancillary to such unit load.
27.“Vehicle” means a road or railroad cargo vehicle.
28.“Freight” means the remuneration payable to the carrier forthe carriage of goods under a contract of carriage.
29.“Domicile” means (a) a place where a company or other legalperson or association of natural or legal persons has its (i)statutory seat or place of incorporation or central registeredoffice, whichever is applicable, (ii) central administration or(iii) principal place of business, and (b) the habitual residenceof a natural person.
30.“Competent court” means a court in a Contracting State that,according to the rules on the internal allocation of jurisdictionamong the courts of that State, may exercise jurisdiction over thedispute.
Article 2 Interpretation of this Convention
In the interpretation of this Convention, regard is to be had toits international character and to the need to promote uniformityin its application and the observance of good faith ininternational trade.
Article 3 Form requirements
The notices, confirmation, consent, agreement, declaration andother communications referred to in articles 19, paragraph 2; 23,paragraphs 1 to 4; 36, subparagraphs 1 (b), (c) and (d); 40,subparagraph 4 (b); 44; 48, paragraph 3; 51, subparagraph 1 (b);59, paragraph 1; 63; 66; 67, paragraph 2; 75, paragraph 4; and 80,paragraphs 2 and 5, shall be in writing. Electronic communicationsmay be used for these purposes, provided that the use of such meansis with the consent of the person by which it is communicated andof the person to which it is communicated.
Article 4 Applicability of defences and limits ofliability
1.Any provision of this Convention that may provide a defencefor, or limit the liability of, the carrier applies in any judicialor arbitral proceeding, whether founded in contract, in tort, orotherwise, that is instituted in respect of loss of, damage to, ordelay in delivery of goods covered by a contract of carriage or forthe breach of any other obligation under this Conventionagainst:
(a)The carrier or a maritime performing party;
(b)The master, crew or any other person that performs serviceson board the ship; or
(c)Employees of the carrier or a maritime performing party.
2.Any provision of this Convention that may provide a defencefor the shipper or the documentary shipper applies in any judicialor arbitral proceeding, whether founded in contract, in tort, orotherwise, that is instituted against the shipper, the documentaryshipper, or their subcontractors, agents or employees.
Chapter 2 Scope of application
Article 5 General scope of application
1.Subject to article 6, this Convention applies to contracts ofcarriage in which the place of receipt and the place of deliveryare in different States, and the port of loading of a sea carriageand the port of discharge of the same sea carriage are in differentStates, if, according to the contract of carriage, any one of thefollowing places is located in a Contracting State:
(a)The place of receipt;
(b)The port of loading;
(c)The place of delivery; or
(d)The port of discharge.
2.This Convention applies without regard to the nationality ofthe vessel, the carrier, the performing parties, the shipper, theconsignee, or any other interested parties.
Article 6 Specific exclusions
1.This Convention does not apply to the following contracts inliner transportation:
(a)Charter parties; and
(b)Other contracts for the use of a ship or of any spacethereon.
2.This Convention does not apply to contracts of carriage innon-liner transportation except when:
(a)There is no charter party or other contract between theparties for the use of a ship or of any space thereon;and
(b)A transport document or an electronic transport record isissued.
Article 7 Application to certain parties
Notwithstanding article 6, this Convention applies as betweenthe carrier and the consignee, controlling party or holder that isnot an original party to the charter party or other contract ofcarriage excluded from the application of this Convention. However,this Convention does not apply as between the original parties to acontract of carriage excluded pursuant to article 6.
Chapter 3 Electronic transport records
Article 8 Use and effect of electronic transportrecords
Subject to the requirements set out in this Convention:
(a)Anything that is to be in or on a transport document underthis Convention may be recorded in an electronic transport record,provided the issuance and subsequent use of an electronic transportrecord is with the consent of the carrier and the shipper; and
(b)The issuance, exclusive control, or transfer of an electronictransport record has the same effect as the issuance, possession,or transfer of a transport document.
Article 9 Procedures for use of negotiable electronictransport records
1.The use of a negotiable electronic transport record shall besubject to procedures that provide for:
(a)The method for the issuance and the transfer of that recordto an intended holder;
(b)An assurance that the negotiable electronic transport recordretains its integrity;
(c)The manner in which the holder is able to demonstrate that itis the holder; and
(d)The manner of providing confirmation that delivery to theholder has been effected, or that, pursuant to articles 10,paragraph 2, or 47, subparagraphs 1 (a) (ii) and (c), theelectronic transport record has ceased to have any effect orvalidity.
2.The procedures in paragraph 1 of this article shall bereferred to in the contract particulars and be readilyascertainable.
Article 10 Replacement of negotiable transport document ornegotiable electronic transport record
1.If a negotiable transport document has been issued and thecarrier and the holder agree to replace that document by anegotiable electronic transport record:
(a)The holder shall surrender the negotiable transport document,or all of them if more than one has been issued, to thecarrier;
(b)The carrier shall issue to the holder a negotiable electronictransport record that includes a statement that it replaces thenegotiable transport document; and
(c)The negotiable transport document ceases thereafter to haveany effect or validity.
2.If a negotiable electronic transport record has been issuedand the carrier and the holder agree to replace that electronictransport record by a negotiable transport document:
(a)The carrier shall issue to the holder, in place of theelectronic transport record, a negotiable transport document thatincludes a statement that it replaces the negotiable electronictransport record; and
(b)The electronic transport record ceases thereafter to have anyeffect or validity.
Chapter 4 Obligations of the carrier
Article 11 Carriage and delivery of the goods
The carrier shall, subject to this Convention and in accordancewith the terms of the contract of carriage, carry the goods to theplace of destination and deliver them to the consignee.
Article 12 Period of responsibility of the carrier
1.The period of responsibility of the carrier for the goodsunder this Convention begins when the carrier or a performing partyreceives the goods for carriage and ends when the goods aredelivered.
2.(a)If the law or regulations of the place of receipt requirethe goods to be handed over to an authority or other third partyfrom which the carrier may collect them, the period ofresponsibility of the carrier begins when the carrier collects thegoods from the authority or other third party.
(b)If the law or regulations of the place of delivery requirethe carrier to hand over the goods to an authority or other thirdparty from which the consignee may collect them, the period ofresponsibility of the carrier ends when the carrier hands the goodsover to the authority or other third party.
3.For the purpose of determining the carrier’s period ofresponsibility, the parties may agree on the time and location ofreceipt and delivery of the goods, but a provision in a contract ofcarriage is void to the extent that it provides that:
(a)The time of receipt of the goods is subsequent to thebeginning of their initial loading under the contract of carriage;or
(b)The time of delivery of the goods is prior to the completionof their final unloading under the contract of carriage.
Article 13 Specific obligations
1.The carrier shall during the period of its responsibility asdefined in article 12, and subject to article 26, properly andcarefully receive, load, handle, stow, carry, keep, care for,unload and deliver the goods.
2.Notwithstanding paragraph 1 of this article, and withoutprejudice to the other provisions in chapter 4 and to chapters 5 to7, the carrier and the shipper may agree that the loading,handling, stowing or unloading of the goods is to be performed bythe shipper, the documentary shipper or the consignee. Such anagreement shall be referred to in the contract particulars.
Article 14 Specific obligations applicable to the voyage bysea
The carrier is bound before, at the beginning of, and during thevoyage by sea to exercise due diligence to:
(a)Make and keep the ship seaworthy;
(b)Properly crew, equip and supply the ship and keep the ship socrewed, equipped and supplied throughout the voyage; and
(c)Make and keep the holds and all other parts of the ship inwhich the goods are carried, and any containers supplied by thecarrier in or upon which the goods are carried, fit and safe fortheir reception, carriage and preservation.
Article 15 Goods that may become a danger
Notwithstanding articles 11 and 13, the carrier or a performingparty may decline to receive or to load, and may take such othermeasures as are reasonable, including unloading, destroying, orrendering goods harmless, if the goods are, or reasonably appearlikely to become during the carrier’s period of responsibility, anactual danger to persons, property or the environment.
Article 16 Sacrifice of the goods during the voyage bysea
Notwithstanding articles 11, 13, and 14, the carrier or aperforming party may sacrifice goods at sea when the sacrifice isreasonably made for the common safety or for the purpose ofpreserving from peril human life or other property involved in thecommon adventure.
Chapter 5 Liability of the carrier for loss,damage or delay
Article 17 Basis of liability
1.The carrier is liable for loss of or damage to the goods, aswell as for delay in delivery, if the claimant proves that theloss, damage, or delay, or the event or circumstance that caused orcontributed to it took place during the period of the carrier’sresponsibility as defined in chapter 4.
2.The carrier is relieved of all or part of its liabilitypursuant to paragraph 1 of this article if it proves that the causeor one of the causes of the loss, damage, or delay is notattributable to its fault or to the fault of any person referred toin article 18.
3.The carrier is also relieved of all or part of its liabilitypursuant to paragraph 1 of this article if, alternatively toproving the absence of fault as provided in paragraph 2 of thisarticle, it proves that one or more of the following events orcircumstances caused or contributed to the loss, damage, ordelay:
(a)Act of God;
(b)Perils, dangers, and accidents of the sea or other navigablewaters;
(c)War, hostilities, armed conflict, piracy, terrorism, riots,and civil commotions;
(d) Quarantine restrictions; interference by or impedimentscreated by governments, public authorities, rulers, or peopleincluding detention, arrest, or seizure not attributable to thecarrier or any person referred to in article 18;
(e)Strikes, lockouts, stoppages, or restraints of labour;
(f)Fire on the ship;
(g)Latent defects not discoverable by due diligence;
(h)Act or omission of the shipper, the documentary shipper, thecontrolling party, or any other person for whose acts the shipperor the documentary shipper is liable pursuant to article 33 or34;
(i)Loading, handling, stowing, or unloading of the goodsperformed pursuant to an agreement in accordance with article 13,paragraph 2, unless the carrier or a performing party performs suchactivity on behalf of the shipper, the documentary shipper or theconsignee;
(j)Wastage in bulk or weight or any other loss or damage arisingfrom inherent defect, quality, or vice of the goods;
(k)Insufficiency or defective condition of packing or markingnot performed by or on behalf of the carrier;
(l)Saving or attempting to save life at sea;
(m)Reasonable measures to save or attempt to save property atsea;
(n)Reasonable measures to avoid or attempt to avoid damage tothe environment; or
(o)Acts of the carrier in pursuance of the powers conferred byarticles 15 and 16.
4.Notwithstanding paragraph 3 of this article, the carrier isliable for all or part of the loss, damage, ordelay:
(a)If the claimant proves that the fault of the carrier or of aperson referred to in article 18 caused or contributed to the eventor circumstance on which the carrier relies; or
(b)If the claimant proves that an event or circumstance notlisted in paragraph 3 of this article contributed to the loss,damage, or delay, and the carrier cannot prove that this event orcircumstance is not attributable to its fault or to the fault ofany person referred to in article 18.
5.The carrier is also liable, notwithstanding paragraph 3 ofthis article, for all or part of the loss, damage, or delay if:
(a)The claimant proves that the loss, damage, or delay was orwas probably caused by or contributed to by (i) the unseaworthinessof the ship; (ii) the improper crewing, equipping, and supplying ofthe ship; or (iii) the fact that the holds or other parts of theship in which the goods are carried, or any containers supplied bythe carrier in or upon which the goods are carried, were not fitand safe for reception, carriage, and preservation of the goods;and
(b)The carrier is unable to prove either that: (i) none of theevents or circumstances referred to in subparagraph 5 (a) of thisarticle caused the loss, damage, or delay; or (ii) it complied withits obligation to exercise due diligence pursuant to article14.
6.When the carrier is relieved of part of itsliability pursuant to this article, the carrier is liable only forthat part of the loss, damage or delay that is attributable to theevent or circumstance for which it is liable pursuant to thisarticle.
Article 18 Liability of the carrier for other persons
The carrier is liable for the breach of its obligations underthis Convention caused by the acts or omissions of:
(a)Any performing party;
(b)The master or crew of the ship;
(c)Employees of the carrier or a performing party; or
(d)Any other person that performs or undertakes to perform anyof the carrier’s obligations under the contract of carriage, to theextent that the person acts, either directly or indirectly, at thecarrier’s request or under the carrier’s supervision orcontrol.
Article 19 Liability of maritime performing parties
1. A maritime performing party is subject to the obligations andliabilities imposed on the carrier under this Convention and isentitled to the carrier’s defences and limits of liability asprovided for in this Convention if:
(a)The maritime performing party received the goods for carriagein a Contracting State, or delivered them in a Contracting State,or performed its activities with respect to the goods in a port ina Contracting State; and
(b)The occurrence that caused the loss, damage or delay tookplace: (i) during the period between the arrival of the goods atthe port of loading of the ship and their departure from the portof discharge from the ship; (ii) while the maritime performingparty had custody of the goods; or (iii) at any other time to theextent that it was participating in the performance of any of theactivities contemplated by the contract of carriage.
2.If the carrier agrees to assume obligations other than thoseimposed on the carrier under this Convention, or agrees that thelimits of its liability are higher than the limits specified underthis Convention, a maritime performing party is not bound by thisagreement unless it expressly agrees to accept such obligations orsuch higher limits.
3.A maritime performing party is liable for the breach of itsobligations under this Convention caused by the acts or omissionsof any person to which it has entrusted the performance of any ofthe carrier’s obligations under the contract of carriage under theconditions set out in paragraph 1 of this article.
4.Nothing in this Convention imposes liability on the master orcrew of the ship or on an employee of the carrier or of a maritimeperforming party.
Article 20 Joint and several liability
1.If the carrier and one or more maritime performing parties areliable for the loss of, damage to, or delay in delivery of thegoods, their liability is joint and several but only up to thelimits provided for under this Convention.
2.Without prejudice to article 61, the aggregate liability ofall such persons shall not exceed the overall limits of liabilityunder this Convention.
Article 21 Delay
Delay in delivery occurs when the goods are not delivered at theplace of destination provided for in the contract of carriagewithin the time agreed.
Article 22 Calculation of compensation
1.Subject to article 59, the compensation payable by the carrierfor loss of or damage to the goods is calculated by reference tothe value of such goods at the place and time of deliveryestablished in accordance with article 43.
2.The value of the goods is fixed according to the commodityexchange price or, if there is no such price, according to theirmarket price or, if there is no commodity exchange price or marketprice, by reference to the normal value of the goods of the samekind and quality at the place of delivery.
3.In case of loss of or damage to the goods, the carrier is notliable for payment of any compensation beyond what is provided forin paragraphs 1 and 2 of this article except when the carrier andthe shipper have agreed to calculate compensation in a differentmanner within the limits of chapter 16.
Article 23 Notice in case of loss, damage or delay
1.The carrier is presumed, in absence of proof to the contrary,to have delivered the goods according to their description in thecontract particulars unless notice of loss of or damage to thegoods, indicating the general nature of such loss or damage, wasgiven to the carrier or the performing party that delivered thegoods before or at the time of the delivery, or, if the loss ordamage is not apparent, within seven working days at the place ofdelivery after the delivery of the goods.
2.Failure to provide the notice referred to in this article tothe carrier or the performing party shall not affect the right toclaim compensation for loss of or damage to the goods under thisConvention, nor shall it affect the allocation of the burden ofproof set out in article 17.
3.The notice referred to in this article is not required inrespect of loss or damage that is ascertained in a joint inspectionof the goods by the person to which they have been delivered andthe carrier or the maritime performing party against whichliability is being asserted.
4.No compensation in respect of delay is payable unless noticeof loss due to delay was given to the carrier within twenty-oneconsecutive days of delivery of the goods.
5.When the notice referred to in this article is given to theperforming party that delivered the goods, it has the same effectas if that notice was given to the carrier, and notice given to thecarrier has the same effect as a notice given to a maritimeperforming party.
6.In the case of any actual or apprehended loss or damage, theparties to the dispute shall give all reasonable facilities to eachother for inspecting and tallying the goods and shall provideaccess to records and documents relevant to the carriage of thegoods.
Chapter 6 Additional provisions relating toparticular stages of carriage
Article 24 Deviation
When pursuant to applicable law a deviation constitutes a breachof the carrier’s obligations, such deviation of itself shall notdeprive the carrier or a maritime performing party of any defenceor limitation of this Convention, except to the extent provided inarticle 61.
Article 25 Deck cargo on ships
1.Goods may be carried on the deck of a ship only if:
(a)Such carriage is required by law;
(b)They are carried in or on containers or vehicles that are fitfor deck carriage, and the decks are specially fitted to carry suchcontainers or vehicles; or
(c)The carriage on deck is in accordance with the contract ofcarriage, or the customs, usages or practices of the trade inquestion.
2.The provisions of this Convention relating to the liability ofthe carrier apply to the loss of, damage to or delay in thedelivery of goods carried on deck pursuant to paragraph 1 of thisarticle, but the carrier is not liable for loss of or damage tosuch goods, or delay in their delivery, caused by the special risksinvolved in their carriage on deck when the goods are carried inaccordance with subparagraphs 1 (a) or (c) of this article.
3.If the goods have been carried on deck in cases other thanthose permitted pursuant to paragraph 1 of this article, thecarrier is liable for loss of or damage to the goods or delay intheir delivery that is exclusively caused by their carriage ondeck, and is not entitled to the defences provided for in article17.
4.The carrier is not entitled to invoke subparagraph 1 (c) ofthis article against a third party that has acquired a negotiabletransport document or a negotiable electronic transport record ingood faith, unless the contract particulars state that the goodsmay be carried on deck.
5.If the carrier and shipper expressly agreed that the goodswould be carried under deck, the carrier is not entitled to thebenefit of the limitation of liability for any loss of, damage toor delay in the delivery of the goods to the extent that such loss,damage, or delay resulted from their carriage on deck.
Article 26 Carriage preceding or subsequent to seacarriage
When loss of or damage to goods, or an event or circumstancecausing a delay in their delivery, occurs during the carrier’speriod of responsibility but solely before their loading onto theship or solely after their discharge from the ship, the provisionsof this Convention do not prevail over those provisions of anotherinternational instrument that, at the time of such loss, damage orevent or circumstance causing delay:
(a)Pursuant to the provisions of such international instrumentwould have applied to all or any of the carrier’s activities if theshipper had made a separate and direct contract with the carrier inrespect of the particular stage of carriage where the loss of, ordamage to goods, or an event or circumstance causing delay in theirdelivery occurred;
(b)Specifically provide for the carrier’s liability, limitationof liability, or time for suit; and
(c)Cannot be departed from by contract either at all or to thedetriment of the shipper under that instrument.
Chapter 7 Obligations of the shipper to thecarrier
Article 27 Delivery for carriage
1.Unless otherwise agreed in the contract of carriage, theshipper shall deliver the goods ready for carriage. In any event,the shipper shall deliver the goods in such condition that theywill withstand the intended carriage, including their loading,handling, stowing, lashing and securing, and unloading, and thatthey will not cause harm to persons or property.
2.The shipper shall properly and carefully perform anyobligation assumed under an agreement made pursuant to article 13,paragraph 2.
3.When a container is packed or a vehicle is loaded by theshipper, the shipper shall properly and carefully stow, lash andsecure the contents in or on the container or vehicle, and in sucha way that they will not cause harm to persons or property.
Article 28 Cooperation of the shipper and the carrier inproviding information and instructions
The carrier and the shipper shall respond to requests from eachother to provide information and instructions required for theproper handling and carriage of the goods if the information is inthe requested party’s possession or the instructions are within therequested party’s reasonable ability to provide and they are nototherwise reasonably available to the requesting party.
Article 29 Shipper’s obligation to provide information,instructions and documents
1.The shipper shall provide to the carrier in a timely mannersuch information, instructions and documents relating to the goodsthat are not otherwise reasonably available to the carrier, andthat are reasonably necessary:
(a) For the proper handling and carriage of the goods, includingprecautions to be taken by the carrier or a performing party;and
(b) For the carrier to comply with law, regulations or otherrequirements of public authorities in connection with the intendedcarriage, provided that the carrier notifies the shipper in atimely manner of the information, instructions and documents itrequires.
2.Nothing in this article affects any specific obligation toprovide certain information, instructions and documents related tothe goods pursuant to law, regulations or other requirements ofpublic authorities in connection with the intended carriage.
Article 30 Basis of shipper’s liability to thecarrier
1.The shipper is liable for loss or damage sustained by thecarrier if the carrier proves that such loss or damage was causedby a breach of the shipper’s obligations under this Convention.
2.Except in respect of loss or damage caused by a breach by theshipper of its obligations pursuant to articles 31, paragraph 2,and 32, the shipper is relieved of all or part of its liability ifthe cause or one of the causes of the loss or damage is notattributable to its fault or to the fault of any person referred toin article 34.
3.When the shipper is relieved of part of its liability pursuantto this article, the shipper is liable only for that part of theloss or damage that is attributable to its fault or to the fault ofany person referred to in article 34.
Article 31 Information for compilation of contractparticulars
1.The shipper shall provide to the carrier, in a timely manner,accurate information required for the compilation of the contractparticulars and the issuance of the transport documents orelectronic transport records, including the particulars referred toin article 36, paragraph 1; the name of the party to be identifiedas the shipper in the contract particulars; the name of theconsignee, if any; and the name of the person to whose order thetransport document or electronic transport record is to be issued,if any.
2.The shipper is deemed to have guaranteed the accuracy at thetime of receipt by the carrier of the information that is providedaccording to paragraph 1 of this article. The shipper shallindemnify the carrier against loss or damage resulting from theinaccuracy of such information.
Article 32 Special rules on dangerous goods
When goods by their nature or character are, or reasonablyappear likely to become, a danger to persons, property or theenvironment:
(a)The shipper shall inform the carrier of the dangerous natureor character of the goods in a timely manner before they aredelivered to the carrier or a performing party. If the shipperfails to do so and the carrier or performing party does nototherwise have knowledge of their dangerous nature or character,the shipper is liable to the carrier for loss or damage resultingfrom such failure to inform; and
(b)The shipper shall mark or label dangerous goods in accordancewith any law, regulations or other requirements of publicauthorities that apply during any stage of the intended carriage ofthe goods. If the shipper fails to do so, it is liable to thecarrier for loss or damage resulting from such failure.
Article 33 Assumption of shipper’s rights and obligations bythe documentary shipper
1.A documentary shipper is subject to the obligations andliabilities imposed on the shipper pursuant to this chapter andpursuant to article 55, and is entitled to the shipper’s rights anddefences provided by this chapter and by chapter 13.
2.Paragraph 1 of this article does not affect the obligations,liabilities, rights or defences of the shipper.
Article 34 Liability of the shipper for other persons
The shipper is liable for the breach of its obligations underthis Convention caused by the acts or omissions of any person,including employees, agents and subcontractors, to which it hasentrusted the performance of any of its obligations, but theshipper is not liable for acts or omissions of the carrier or aperforming party acting on behalf of the carrier, to which theshipper has entrusted the performance of its obligations.
Chapter 8 Transport documents and electronictransport records
Article 35 Issuance of the transport document or theelectronic transport record
Unless the shipper and the carrier have agreed not to use atransport document or an electronic transport record, or it is thecustom, usage or practice of the trade not to use one, upondelivery of the goods for carriage to the carrier or performingparty, the shipper or, if the shipper consents, the documentaryshipper, is entitled to obtain from the carrier, at the shipper’soption:
(a)A non-negotiable transport document or, subject to article 8,subparagraph (a), a non-negotiable electronic transport record;or
(b)An appropriate negotiable transport document or, subject toarticle 8, subparagraph (a), a negotiable electronic transportrecord, unless the shipper and the carrier have agreed not to use anegotiable transport document or negotiable electronic transportrecord, or it is the custom, usage or practice of the trade not touse one.
Article 36 Contract particulars
1.The contract particulars in the transport document orelectronic transport record referred to in article 35 shall includethe following information, as furnished by the shipper:
(a)A description of the goods as appropriate for thetransport;
(b)The leading marks necessary for identification of thegoods;
(c)The number of packages or pieces, or the quantity of goods;and
(d)The weight of the goods, if furnished by the shipper.
2.The contract particulars in the transport document orelectronic transport record referred to in article 35 shall alsoinclude:
(a)A statement of the apparent order and condition of the goodsat the time the carrier or a performing party receives them forcarriage;
(b)The name and address of the carrier;
(c)The date on which the carrier or a performing party receivedthe goods, or on which the goods were loaded on board the ship, oron which the transport document or electronic transport record wasissued; and
(d)If the transport document is negotiable, the number oforiginals of the negotiable transport document, when more than oneoriginal is issued.
3.The contract particulars in the transport document orelectronic transport record referred to in article 35 shall furtherinclude:
(a)The name and address of the consignee, if named by theshipper;
(b)The name of a ship, if specified in the contract ofcarriage;
(c)The place of receipt and, if known to the carrier, the placeof delivery; and
(d)The port of loading and the port of discharge, if specifiedin the contract of carriage.
4.For the purposes of this article, the phrase “apparent orderand condition of the goods” in subparagraph 2 (a) of this articlerefers to the order and condition of the goods based on:
(a)A reasonable external inspection of the goods as packaged atthe time the shipper delivers them to the carrier or a performingparty; and
(b)Any additional inspection that the carrier or a performingparty actually performs before issuing the transport document orelectronic transport record.
Article 37 Identity of the carrier
1.If a carrier is identified by name in the contractparticulars, any other information in the transport document orelectronic transport record relating to the identity of the carriershall have no effect to the extent that it is inconsistent withthat identification.
2.If no person is identified in the contract particulars as thecarrier as required pursuant to article 36, subparagraph 2 (b), butthe contract particulars indicate that the goods have been loadedon board a named ship, the registered owner of that ship ispresumed to be the carrier, unless it proves that the ship wasunder a bareboat charter at the time of the carriage and itidentifies this bareboat charterer and indicates its address, inwhich case this bareboat charterer is presumed to be the carrier.Alternatively, the registered owner may rebut the presumption ofbeing the carrier by identifying the carrier and indicating itsaddress. The bareboat charterer may rebut any presumption of beingthe carrier in the same manner.
3.Nothing in this article prevents the claimant from provingthat any person other than a person identified in the contractparticulars or pursuant to paragraph 2 of this article is thecarrier.
Article 38 Signature
1.A transport document shall be signed by the carrier or aperson acting on its behalf.
2.An electronic transport record shall include the electronicsignature of the carrier or a person acting on its behalf. Suchelectronic signature shall identify the signatory in relation tothe electronic transport record and indicate the carrier’sauthorization of the electronic transport record.
Article 39 Deficiencies in the contract particulars
1.The absence or inaccuracy of one or more of the contractparticulars referred to in article 36, paragraphs 1, 2 or 3, doesnot of itself affect the legal character or validity of thetransport document or of the electronic transport record.
2.If the contract particulars include the date but fail toindicate its significance, the date is deemed to be:
(a)The date on which all of the goods indicated in the transportdocument or electronic transport record were loaded on board theship, if the contract particulars indicate that the goods have beenloaded on board a ship; or
(b)The date on which the carrier or a performing party receivedthe goods, if the contract particulars do not indicate that thegoods have been loaded on board a ship.
3.If the contract particulars fail to state the apparent orderand condition of the goods at the time the carrier or a performingparty receives them, the contract particulars are deemed to havestated that the goods were in apparent good order and condition atthe time the carrier or a performing party received them.
Article 40 Qualifying the information relating to the goodsin the contract particulars
1.The carrier shall qualify the information referred to inarticle 36, paragraph 1, to indicate that the carrier does notassume responsibility for the accuracy of the information furnishedby the shipper if:
(a)The carrier has actual knowledge that any material statementin the transport document or electronic transport record is falseor misleading; or
(b)The carrier has reasonable grounds to believe that a materialstatement in the transport document or electronic transport recordis false or misleading.
2.Without prejudice to paragraph 1 of this article, the carriermay qualify the information referred to in article 36, paragraph 1,in the circumstances and in the manner set out in paragraphs 3 and4 of this article to indicate that the carrier does not assumeresponsibility for the accuracy of the information furnished by theshipper.
3.When the goods are not delivered for carriage to the carrieror a performing party in a closed container or vehicle, or whenthey are delivered in a closed container or vehicle and the carrieror a performing party actually inspects them, the carrier mayqualify the information referred to in article 36, paragraph 1,if:
(a)The carrier had no physically practicable or commerciallyreasonable means of checking the information furnished by theshipper, in which case it may indicate which information it wasunable to check; or
(b)The carrier has reasonable grounds to believe the informationfurnished by the shipper to be inaccurate, in which case it mayinclude a clause providing what it reasonably considers accurateinformation.
4.When the goods are delivered for carriage to the carrier or aperforming party in a closed container or vehicle, the carrier mayqualify the information referred to in:
(a)Article 36, subparagraphs 1 (a), (b), or (c), if:
(i)The goods inside the container or vehicle have not actuallybeen inspected by the carrier or a performing party; and
(ii)Neither the carrier nor a performing party otherwise hasactual knowledge of its contents before issuing the transportdocument or the electronic transport record; and(b)Article 36, subparagraph 1 (d), if:
(i)Neither the carrier nor a performing party weighed thecontainer or vehicle, and the shipper and the carrier had notagreed prior to the shipment that the container or vehicle would beweighed and the weight would be included in the contractparticulars; or
(ii)There was no physically practicable or commerciallyreasonable means of checking the weight of the container orvehicle.
Article 41 Evidentiary effect of the contractparticulars
Except to the extent that the contract particulars have beenqualified in the circumstances and in the manner set out in article40:
(a) A transport document or an electronic transport record isprima facie evidence of the carrier’s receipt of the goods asstated in the contract particulars;
(b) Proof to the contrary by the carrier in respect of anycontract particulars shall not be admissible, when such contractparticulars are included in:
(i) A negotiable transport document or a negotiable electronictransport record that is transferred to a third party acting ingood faith; or
(ii) A non-negotiable transport document that indicates that itmust be surrendered in order to obtain delivery of the goods and istransferred to the consignee acting in good faith;
(c) Proof to the contrary by the carrier shall not be admissibleagainst a consignee that in good faith has acted in reliance on anyof the following contract particulars included in a non-negotiabletransport document or a non-negotiable electronic transportrecord:
(i) The contract particulars referred to in article 36,paragraph 1, when such contract particulars are furnished by thecarrier;
(ii) The number, type and identifying numbers of the containers,but not the identifying numbers of the container seals; and
(iii) The contract particulars referred to in article 36,paragraph 2.
Article 42 “Freight prepaid”
If the contract particulars contain the statement “freightprepaid” or a statement of a similar nature, the carrier cannotassert against the holder or the consignee the fact that thefreight has not been paid. This article does not apply if theholder or the consignee is also the shipper.
Chapter 9 Delivery of the goods
Article 43 Obligation to accept delivery
When the goods have arrived at their destination, the consigneethat demands delivery of the goods under the contract of carriageshall accept delivery of the goods at the time or within the timeperiod and at the location agreed in the contract of carriage or,failing such agreement, at the time and location at which, havingregard to the terms of the contract, the customs, usages orpractices of the trade and the circumstances of the carriage,delivery could reasonably be expected.
Article 44 Obligation to acknowledge receipt
On request of the carrier or the performing party that deliversthe goods, the consignee shall acknowledge receipt of the goodsfrom the carrier or the performing party in the manner that iscustomary at the place of delivery. The carrier may refuse deliveryif the consignee refuses to acknowledge suchreceipt.
Article 45 Delivery when no negotiable transport document ornegotiable electronic transport record is issued
When neither a negotiable transport document nor a negotiableelectronic transport record has been issued:
(a)The carrier shall deliver the goods to the consignee at thetime and location referred to in article 43. The carrier may refusedelivery if the person claiming to be the consignee does notproperly identify itself as the consignee on the request of thecarrier;
(b)If the name and address of the consignee are not referred toin the contract particulars, the controlling party shall prior toor upon the arrival of the goods at the place of destination advisethe carrier of such name and address;
(c)Without prejudice to article 48, paragraph 1, if the goodsare not deliverable because (i) the consignee, after havingreceived a notice of arrival, does not, at the time or within thetime period referred to in article 43, claim delivery of the goodsfrom the carrier after their arrival at the place of destination,(ii) the carrier refuses delivery because the person claiming to bethe consignee does not properly identify itself as the consignee,or (iii) the carrier is, after reasonable effort, unable to locatethe consignee in order to request delivery instructions, thecarrier may so advise the controlling party and requestinstructions in respect of the delivery of the goods. If, afterreasonable effort, the carrier is unable to locate the controllingparty, the carrier may so advise the shipper and requestinstructions in respect of the delivery of the goods. If, afterreasonable effort, the carrier is unable to locate the shipper, thecarrier may so advise the documentary shipper and requestinstructions in respect of the delivery of the goods;
(d)The carrier that delivers the goods upon instruction of thecontrolling party, the shipper or the documentary shipper pursuantto subparagraph (c) of this article is discharged from itsobligations to deliver the goods under the contract ofcarriage.
Article 46 Delivery when a non-negotiable transport documentthat requires surrender is issued
When a non-negotiable transport document has been issued thatindicates that it shall be surrendered in order to obtain deliveryof the goods:
(a)The carrier shall deliver the goods at the time and locationreferred to in article 43 to the consignee upon the consigneeproperly identifying itself on the request of the carrier andsurrender of the non-negotiable document. The carrier may refusedelivery if the person claiming to be the consignee fails toproperly identify itself on the request of the carrier, and shallrefuse delivery if the non-negotiable document is not surrendered.If more than one original of the non-negotiable document has beenissued, the surrender of one original will suffice and the otheroriginals cease to have any effect or validity;
(b)Without prejudice to article 48, paragraph 1, if the goodsare not deliverable because (i) the consignee, after havingreceived a notice of arrival, does not, at the time or within thetime period referred to in article 43, claim delivery of the goodsfrom the carrier after their arrival at the place of destination,(ii) the carrier refuses delivery because the person claiming to bethe consignee does not properly identify itself as the consignee ordoes not surrender the document, or (iii) the carrier is, afterreasonable effort, unable to locate the consignee in order torequest delivery instructions, the carrier may so advise theshipper and request instructions in respect of the delivery of thegoods. If, after reasonable effort, the carrier is unable to locatethe shipper, the carrier may so advise the documentary shipper andrequest instructions in respect of the delivery of the goods;
(c)The carrier that delivers the goods upon instruction of theshipper or the documentary shipper pursuant to subparagraph (b) ofthis article is discharged from its obligation to deliver the goodsunder the contract of carriage, irrespective of whether thenon-negotiable transport document has been surrendered to it.
Article 47 Delivery when a negotiable transport document ornegotiable electronic transport record is issued
1. When a negotiable transport document or a negotiableelectronic transport record has been issued:
(a)The holder of the negotiable transport document or negotiableelectronic transport record is entitled to claim delivery of thegoods from the carrier after they have arrived at the place ofdestination, in which event the carrier shall deliver the goods atthe time and location referred to in article 43 to the holder:
(i)Upon surrender of the negotiable transport document and, ifthe holder is one of the persons referred to in article 1,subparagraph 10 (a) (i), upon the holder properly identifyingitself; or
(ii)Upon demonstration by the holder, in accordance with theprocedures referred to in article 9, paragraph 1, that it is theholder of the negotiable electronic transport record;
(b)The carrier shall refuse delivery if the requirementsof subparagraph (a) (i) or (a) (ii) of thisparagraph are not met;
(c)If more than one original of the negotiable transportdocument has been issued, and the number of originals is stated inthat document, the surrender of one original will suffice and theother originals cease to have any effect or validity. When anegotiable electronic transport record has been used, suchelectronic transport record ceases to have any effect or validityupon delivery to the holder in accordance with the proceduresrequired by article 9, paragraph 1.
2.Without prejudice to article 48, paragraph 1, if thenegotiable transport document or the negotiable electronictransport record expressly states that the goods may be deliveredwithout the surrender of the transport document or the electronictransport record, the following rules apply:
(a)If the goods are not deliverable because (i) the holder,after having received a notice of arrival, does not, at the time orwithin the time period referred to in article 43, claim delivery ofthe goods from the carrier after their arrival at the place ofdestination, (ii) the carrier refuses delivery because the personclaiming to be a holder does not properly identify itself as one ofthe persons referred to in article 1, subparagraph 10 (a) (i), or(iii) the carrier is, after reasonable effort, unable to locate theholder in order to request delivery instructions, the carrier mayso advise the shipper and request instructions in respect of thedelivery of the goods. If, after reasonable effort, the carrier isunable to locate the shipper, the carrier may so advise thedocumentary shipper and request instructions in respect of thedelivery of the goods;
(b)The carrier that delivers the goods upon instruction of theshipper or the documentary shipper in accordance with subparagraph2 (a) of this article is discharged from its obligation to deliverthe goods under the contract of carriage to the holder,irrespective of whether the negotiable transport document has beensurrendered to it, or the person claiming delivery under anegotiable electronic transport record has demonstrated, inaccordance with the procedures referred to in article 9, paragraph1, that it is the holder;
(c)The person giving instructions under subparagraph 2 (a) ofthis article shall indemnify the carrier against loss arising fromits being held liable to the holder under subparagraph 2 (e) ofthis article. The carrier may refuse to follow those instructionsif the person fails to provide adequate security as the carrier mayreasonably request;
(d)A person that becomes a holder of the negotiable transportdocument or the negotiable electronic transport record after thecarrier has delivered the goods pursuant to subparagraph 2 (b) ofthis article, but pursuant to contractual or other arrangementsmade before such delivery acquires rights against the carrier underthe contract of carriage, other than the right to claim delivery ofthe goods;
(e)Notwithstanding subparagraphs 2 (b) and 2 (d) of thisarticle, a holder that becomes a holder after such delivery, andthat did not have and could not reasonably have had knowledge ofsuch delivery at the time it became a holder, acquires the rightsincorporated in the negotiable transport document or negotiableelectronic transport record. When the contract particulars statethe expected time of arrival of the goods, or indicate how toobtain information as to whether the goods have been delivered, itis presumed that the holder at the time that it became a holder hador could reasonably have had knowledge of the delivery of thegoods.
Article 48 Goods remaining undelivered
1.For the purposes of this article, goods shall be deemed tohave remained undelivered only if, after their arrival at the placeof destination:
(a)The consignee does not accept delivery of the goods pursuantto this chapter at the time and location referred to in article43;
(b)The controlling party, the holder, the shipper or thedocumentary shipper cannot be found or does not give the carrieradequate instructions pursuant to articles 45, 46 and 47;
(c)The carrier is entitled or required to refuse deliverypursuant to articles 44, 45, 46 and 47;
(d)The carrier is not allowed to deliver the goods to theconsignee pursuant to the law or regulations of the place at whichdelivery is requested; or
(e)The goods are otherwise undeliverable by the carrier.
2.Without prejudice to any other rights that the carrier mayhave against the shipper, controlling party or consignee, if thegoods have remained undelivered, the carrier may, at the risk andexpense of the person entitled to the goods, take such action inrespect of the goods as circumstances may reasonably require,including:
(a)To store the goods at any suitable place;
(b)To unpack the goods if they are packed in containers orvehicles, or to act otherwise in respect of the goods, including bymoving them; and
(c)To cause the goods to be sold or destroyed in accordance withthe practices or pursuant to the law or regulations of the placewhere the goods are located at the time.
3.The carrier may exercise the rights under paragraph 2 of thisarticle only after it has given reasonable notice of the intendedaction under paragraph 2 of this article to the person stated inthe contract particulars as the person, if any, to be notified ofthe arrival of the goods at the place of destination, and to one ofthe following persons in the order indicated, if known to thecarrier: the consignee, the controlling party or the shipper.
4.If the goods are sold pursuant to subparagraph 2 (c) of thisarticle, the carrier shall hold the proceeds of the sale for thebenefit of the person entitled to the goods, subject to thededuction of any costs incurred by the carrier and any otheramounts that are due to the carrier in connection with the carriageof those goods.
5.The carrier shall not be liable for loss of or damage to goodsthat occurs during the time that they remain undelivered pursuantto this article unless the claimant proves that such loss or damageresulted from the failure by the carrier to take steps that wouldhave been reasonable in the circumstances to preserve the goods andthat the carrier knew or ought to have known that the loss ordamage to the goods would result from its failure to take suchsteps.
Article 49 Retention of goods
Nothing in this Convention affects a right of the carrier or aperforming party that may exist pursuant to the contract ofcarriage or the applicable law to retain the goods to secure thepayment of sums due.
Chapter 10 Rights of the controllingparty
Article 50 Exercise and extent of right of control
1.The right of control may be exercised only by the controllingparty and is limited to:
(a)The right to give or modify instructions in respect of thegoods that do not constitute a variation of the contract ofcarriage;
(b)The right to obtain delivery of the goods at a scheduled portof call or, in respect of inland carriage, any place en route;and
(c)The right to replace the consignee by any other personincluding the controlling party.
2.The right of control exists during the entire period ofresponsibility of the carrier, as provided in article 12, andceases when that period expires.
Article 51 Identity of the controlling party and transfer ofthe right of control
1.Except in the cases referred to in paragraphs 2, 3 and 4 ofthis article:
(a)The shipper is the controlling party unless the shipper, whenthe contract of carriage is concluded, designates the consignee,the documentary shipper or another person as the controllingparty;
(b)The controlling party is entitled to transfer the right ofcontrol to another person. The transfer becomes effective withrespect to the carrier upon its notification of the transfer by thetransferor, and the transferee becomes the controlling party;and
(c)The controlling party shall properly identify itself when itexercises the right of control.
2.When a non-negotiable transport document has been issued thatindicates that it shall be surrendered in order to obtain deliveryof the goods:
(a)The shipper is the controlling party and may transfer theright of control to the consignee named in the transport documentby transferring the document to that person without endorsement. Ifmore than one original of the document was issued, all originalsshall be transferred in order to effect a transfer of the right ofcontrol; and
(b)In order to exercise its right of control, the controllingparty shall produce the document and properly identify itself. Ifmore than one original of the document was issued, all originalsshall be produced, failing which the right of control cannot beexercised.
3.When a negotiable transport document is issued:
(a)The holder or, if more than one original of the negotiabletransport document is issued, the holder of all originals is thecontrolling party;
(b)The holder may transfer the right of control by transferringthe negotiable transport document to another person in accordancewith article 57. If more than one original of that document wasissued, all originals shall be transferred to that person in orderto effect a transfer of the right of control; and
(c)In order to exercise the right of control, the holder shallproduce the negotiable transport document to the carrier, and ifthe holder is one of the persons referred to in article 1,subparagraph 10 (a) (i), the holder shall properly identify itself.If more than one original of the document was issued, all originalsshall be produced, failing which the right of control cannot beexercised.
4.When a negotiable electronic transport record is issued:
(a)The holder is the controlling party;
(b)The holder may transfer the right of control to anotherperson by transferring the negotiable electronic transport recordin accordance with the procedures referred to in article 9,paragraph 1; and
(c)In order to exercise the right of control, the holder shalldemonstrate, in accordance with the procedures referred to inarticle 9, paragraph 1, that it is the holder.
Article 52 Carrier’s execution of instructions
1.Subject to paragraphs 2 and 3 of this article, the carriershall execute the instructions referred to in article 50 if:
(a)The person giving such instructions is entitled to exercisethe right of control;
(b)The instructions can reasonably be executed according totheir terms at the moment that they reach the carrier; and
(c)The instructions will not interfere with the normaloperations of the carrier, including its delivery practices.
2.In any event, the controlling party shall reimburse thecarrier for any reasonable additional expense that the carrier mayincur and shall indemnify the carrier against loss or damage thatthe carrier may suffer as a result of diligently executing anyinstruction pursuant to this article, including compensation thatthe carrier may become liable to pay for loss of or damage to othergoods being carried.
3.The carrier is entitled to obtain security from thecontrolling party for the amount of additional expense, loss ordamage that the carrier reasonably expects will arise in connectionwith the execution of an instruction pursuant to this article. Thecarrier may refuse to carry out the instructions if no suchsecurity is provided.
4.The carrier’s liability for loss of or damage to the goods orfor delay in delivery resulting from its failure to comply with theinstructions of the controlling party in breach of its obligationpursuant to paragraph 1 of this article shall be subject toarticles 17 to 23, and the amount of the compensation payable bythe carrier shall be subject to articles 59 to 61.
Article 53 Deemed delivery
Goods that are delivered pursuant to an instruction inaccordance with article 52, paragraph 1, aredeemed to be delivered at the place of destination, and theprovisions of chapter 9 relating to such delivery apply to suchgoods.
Article 54 Variations to the contract of carriage
1.The controlling party is the only person that may agree withthe carrier to variations to the contract of carriage other thanthose referred to in article 50, subparagraphs 1 (b) and (c).
2.Variations to the contract of carriage, including thosereferred to in article 50, subparagraphs 1 (b) and (c), shall bestated in a negotiable transport document or in a non-negotiabletransport document that requires surrender, or incorporated in anegotiable electronic transport record, or, upon the request of thecontrolling party, shall be stated in a non-negotiable transportdocument or incorporated in a non-negotiable electronic transportrecord. If so stated or incorporated, such variations shall besigned in accordance with article 38.
Article 55 Providing additional information, instructions ordocuments to carrier
1.The controlling party, on request of the carrier or aperforming party, shall provide in a timely manner information,instructions or documents relating to the goods not yet provided bythe shipper and not otherwise reasonably available to the carrierthat the carrier may reasonably need to perform its obligationsunder the contract of carriage.
2.If the carrier, after reasonable effort, is unable to locatethe controlling party or the controlling party is unable to provideadequate information, instructions or documents to the carrier, theshipper shall provide them. If the carrier, after reasonableeffort, is unable to locate the shipper, the documentary shippershall provide such information, instructions or documents.
Article 56 Variation by agreement
The parties to the contract of carriage may vary the effect ofarticles 50, subparagraphs 1 (b) and (c), 50, paragraph 2, and 52.The parties may also restrict or exclude the transferability of theright of control referred to in article 51, subparagraph 1 (b).
Chapter 11 Transfer of rights
Article 57 When a negotiable transport document or negotiableelectronic transport record is issued
1.When a negotiable transport document is issued, the holder maytransfer the rights incorporated in the document by transferring itto another person:
(a)Duly endorsed either to such other person or in blank, if anorder document; or
(b)Without endorsement, if: (i) a bearer document or a blankendorsed document; or (ii) a document made out to the order of anamed person and the transfer is between the first holder and thenamed person.
2.When a negotiable electronic transport record is issued, itsholder may transfer the rights incorporated in it, whether it bemade out to order or to the order of a named person, bytransferring the electronic transport record in accordance with theprocedures referred to in article 9, paragraph 1.
Article 58 Liability of holder
1.Without prejudice to article 55, a holder that is not theshipper and that does not exercise any right under the contract ofcarriage does not assume any liability under the contract ofcarriage solely by reason of being a holder.
2.A holder that is not the shipper and that exercises any rightunder the contract of carriage assumes any liabilities imposed onit under the contract of carriage to the extent that suchliabilities are incorporated in or ascertainable from thenegotiable transport document or the negotiable electronictransport record.
3.For the purposes of paragraphs 1 and 2 of this article, aholder that is not the shipper does not exercise any right underthe contract of carriage solely because:
(a)It agrees with the carrier, pursuant to article 10, toreplace a negotiable transport document by a negotiable electronictransport record or to replace a negotiable electronic transportrecord by a negotiable transport document; or
(b)It transfers its rights pursuant to article 57.
Chapter 12 Limits of liability
Article 59 Limits of liability
1.Subject to articles 60 and 61, paragraph 1, the carrier’sliability for breaches of its obligations under this Convention islimited to 875 units of account per package or other shipping unit,or 3 units of account per kilogram of the gross weight of the goodsthat are the subject of the claim or dispute, whichever amount isthe higher, except when the value of the goods has been declared bythe shipper and included in the contract particulars, or when ahigher amount than the amount of limitation of liability set out inthis article has been agreed upon between the carrier and theshipper.
2.When goods are carried in or on a container, pallet or similararticle of transport used to consolidate goods, or in or on avehicle, the packages or shipping units enumerated in the contractparticulars as packed in or on such article of transport or vehicleare deemed packages or shipping units. If not so enumerated, thegoods in or on such article of transport or vehicle are deemed oneshipping unit.
3.The unit of account referred to in this article is the SpecialDrawing Right as defined by the International Monetary Fund. Theamounts referred to in this article are to be converted into thenational currency of a State according to the value of suchcurrency at the date of judgement or award or the date agreed uponby the parties. The value of a national currency, in terms of theSpecial Drawing Right, of a Contracting State that is a member ofthe International Monetary Fund is to be calculated in accordancewith the method of valuation applied by the International MonetaryFund in effect at the date in question for its operations andtransactions. The value of a national currency, in terms of theSpecial Drawing Right, of a Contracting State that is not a memberof the International Monetary Fund is to be calculated in a mannerto be determined by that State.
Article 60 Limits of liability for loss caused bydelay
Subject to article 61, paragraph 2, compensation for loss of ordamage to the goods due to delay shall be calculated in accordancewith article 22 and liability for economic loss due to delay islimited to an amount equivalent to two and one-half times thefreight payable on the goods delayed. The total amount payablepursuant to this article and article 59, paragraph 1, may notexceed the limit that would be established pursuant to article 59,paragraph 1, in respect of the total loss of the goodsconcerned.
Article 61 Loss of the benefit of limitation ofliability
1.Neither the carrier nor any of the persons referred to inarticle 18 is entitled to the benefit of the limitation ofliability as provided in article 59, or as provided in the contractof carriage, if the claimant proves that the loss resulting fromthe breach of the carrier’s obligation under this Convention wasattributable to a personal act or omission of the person claiming aright to limit done with the intent to cause such loss orrecklessly and with knowledge that such loss would probablyresult.
2.Neither the carrier nor any of the persons mentioned inarticle 18 is entitled to the benefit of the limitation ofliability as provided in article 60 if the claimant proves that thedelay in delivery resulted from a personal act or omission of theperson claiming a right to limit done with the intent to cause theloss due to delay or recklessly and with knowledge that such losswould probably result.
Chapter 13 Time for suit
Article 62 Period of time for suit
1.No judicial or arbitral proceedings in respect of claims ordisputes arising from a breach of an obligation under thisConvention may be instituted after the expiration of a period oftwo years.
2.The period referred to in paragraph 1 of this articlecommences on the day on which the carrier has delivered the goodsor, in cases in which no goods have been delivered or only part ofthe goods have been delivered, on the last day on which the goodsshould have been delivered. The day on which the period commencesis not included in the period.
3.Notwithstanding the expiration of the period set out inparagraph 1 of this article, one party may rely on its claim as adefence or for the purpose of set-off against a claim asserted bythe other party.
Article 63 Extension of time for suit
The period provided in article 62 shall not be subject tosuspension or interruption, but the person against which a claim ismade may at any time during the running of the period extend thatperiod by a declaration to the claimant. This period may be furtherextended by another declaration or declarations.
Article 64 Action for indemnity
An action for indemnity by a person held liable may beinstituted after the expiration of the period provided in article62 if the indemnity action is instituted within the later of:
(a)The time allowed by the applicable law in the jurisdictionwhere proceedings are instituted; or
(b)Ninety days commencing from the day when the personinstituting the action for indemnity has either settled the claimor been served with process in the action against itself, whicheveris earlier.
Article 65 Actions against the person identified as thecarrier
An action against the bareboat charterer or the personidentified as the carrier pursuant to article 37, paragraph 2, maybe instituted after the expiration of the period provided inarticle 62 if the action is instituted within the later of:
(a)The time allowed by the applicable law in the jurisdictionwhere proceedings are instituted; or
(b)Ninety days commencing from the day when the carrier has beenidentified, or the registered owner or bareboat charterer hasrebutted the presumption that it is the carrier, pursuant toarticle 37, paragraph 2.
Chapter 14 Jurisdiction
Article 66 Actions against the carrier
Unless the contract of carriage contains an exclusive choice ofcourt agreement that complies with article 67 or 72, the plaintiffhas the right to institute judicial proceedings under thisConvention against the carrier:
(a)In a competent court within the jurisdiction of which issituated one of the following places:
(i)The domicile of the carrier;
(ii)The place of receipt agreed in the contract of carriage;
(iii)The place of delivery agreed in the contract of carriage;or
(iv)The port where the goods are initially loaded on a ship orthe port where the goods are finally discharged from a ship; or
(b)In a competent court or courts designated by an agreementbetween the shipper and the carrier for the purpose of decidingclaims against the carrier that may arise under thisConvention.
Article 67 Choice of court agreements
1.The jurisdiction of a court chosen in accordance with article66, subparagraph b), is exclusive for disputes between the partiesto the contract only if the parties so agree and the agreementconferring jurisdiction:
(a)Is contained in a volume contract that clearly states thenames and addresses of the parties and either (i) is individuallynegotiated or (ii) contains a prominent statement that there is anexclusive choice of court agreement and specifies the sections ofthe volume contract containing that agreement; and
(b)Clearly designates the courts of one Contracting State or oneor more specific courts of one Contracting State.
2.A person that is not a party to the volume contract is boundby an exclusive choice of court agreement concluded in accordancewith paragraph 1 of this article only if:
(a)The court is in one of the places designated in article 66,subparagraph (a);
(b)That agreement is contained in the transport document orelectronic transport record;
(c)That person is given timely and adequate notice of the courtwhere the action shall be brought and that the jurisdiction of thatcourt is exclusive; and
(d)The law of the court seized recognizes that that person maybe bound by the exclusive choice of courtagreement.
Article 68 Actions against the maritime performingparty
The plaintiff has the right to institute judicial proceedingsunder this Convention against the maritime performing party in acompetent court within the jurisdiction of which is situated one ofthe following places:
(a)The domicile of the maritime performing party; or
(b)The port where the goods are received by the maritimeperforming party, the port where the goods are delivered by themaritime performing party or the port in which the maritimeperforming party performs its activities with respect to thegoods.
Article 69 No additional bases of jurisdiction
Subject to articles 71 and 72, no judicial proceedings underthis Convention against the carrier or a maritime performing partymay be instituted in a court not designated pursuant to article 66or 68.
Article 70 Arrest and provisional or protectivemeasures
Nothing in this Convention affects jurisdiction with regard toprovisional or protective measures, including arrest. A court in aState in which a provisional or protective measure was taken doesnot have jurisdiction to determine the case upon its meritsunless:
(a)The requirements of this chapter are fulfilled; or
(b)An international convention that applies in that State soprovides.
Article 71 Consolidation and removal of actions
1.Except when there is an exclusive choice of court agreementthat is binding pursuant to article 67 or 72, if a single action isbrought against both the carrier and the maritime performing partyarising out of a single occurrence, the action may be institutedonly in a court designated pursuant to both article 66 and article68. If there is no such court, such action may be instituted in acourt designated pursuant to article 68, subparagraph (b), if thereis such a court.
2.Except when there is an exclusive choice of court agreementthat is binding pursuant to article 67 or 72, a carrier or amaritime performing party that institutes an action seeking adeclaration of non-liability or any other action that would deprivea person of its right to select the forum pursuant to article 66 or68 shall, at the request of the defendant, withdraw that actiononce the defendant has chosen a court designated pursuant toarticle 66 or 68, whichever is applicable, where the action may berecommenced.
Article 72 Agreement after a dispute has arisen andjurisdiction when the defendant has entered an appearance
1.After a dispute has arisen, the parties to the dispute mayagree to resolve it in any competent court.
2.A competent court before which a defendant appears, withoutcontesting jurisdiction in accordance with the rules of that court,has jurisdiction.
Article 73 Recognition and enforcement
1.A decision made in one Contracting State by a court havingjurisdiction under this Convention shall be recognized and enforcedin another Contracting State in accordance with the law of suchlatter Contracting State when both States have made a declarationin accordance with article 74.
2.A court may refuse recognition and enforcement based on thegrounds for the refusal of recognition and enforcement availablepursuant to its law.
3.This chapter shall not affect the application of the rules ofa regional economic integration organization that is a party tothis Convention, as concerns the recognition or enforcement ofjudgements as between member States of the regional economicintegration organization, whether adopted before or after thisConvention.
Article 74 Application of chapter 14
The provisions of this chapter shall bind only ContractingStates that declare in accordance with article 91 that they will bebound by them.
Chapter 15 Arbitration
Article 75 Arbitration agreements
1.Subject to this chapter, parties may agree that any disputethat may arise relating to the carriage of goods under thisConvention shall be referred to arbitration.
2.The arbitration proceedings shall, at the option of the personasserting a claim against the carrier, take place at:
(a)Any place designated for that purpose in the arbitrationagreement; or
(b)Any other place situated in a State where any of thefollowing places is located:
(i)The domicile of the carrier;
(ii)The place of receipt agreed in the contract of carriage;
(iii)The place of delivery agreed in the contract of carriage;or
(iv)The port where the goods are initially loaded on a ship orthe port where the goods are finally discharged from a ship.
3.The designation of the place of arbitration in the agreementis binding for disputes between the parties to the agreement if theagreement is contained in a volume contract that clearly states thenames and addresses of the parties and either:
(a)Is individually negotiated; or
(b)Contains a prominent statement that there is an arbitrationagreement and specifies the sections of the volume contractcontaining the arbitration agreement.
4.When an arbitration agreement has been concluded in accordancewith paragraph 3 of this article, a person that is not a party tothe volume contract is bound by the designation of the place ofarbitration in that agreement only if:
(a)The place of arbitration designated in the agreement issituated in one of the places referred to in subparagraph 2 (b) ofthis article;
(b)The agreement is contained in the transport document orelectronic transport record;
(c)The person to be bound is given timely and adequate notice ofthe place of arbitration; and
(d)Applicable law permits that person to be bound by thearbitration agreement.
5.The provisions of paragraphs 1, 2, 3 and 4 of this article aredeemed to be part of every arbitration clause or agreement, and anyterm of such clause or agreement to the extent that it isinconsistent therewith is void.
Article 76 Arbitration agreement in non-linertransportation
1.Nothing in this Convention affects the enforceability of anarbitration agreement in a contract of carriage in non-linertransportation to which this Convention or the provisions of thisConvention apply by reason of:
(a)The application of article 7; or
(b)The parties’ voluntary incorporation of this Convention in acontract of carriage that would not otherwise be subject to thisConvention.
2.Notwithstanding paragraph 1 of this article, an arbitrationagreement in a transport document or electronic transport record towhich this Convention applies by reason of the application ofarticle 7 is subject to this chapter unless such a transportdocument or electronic transport record:
(a)Identifies the parties to and the date of the charter partyor other contract excluded from the application of this Conventionby reason of the application of article 6; and
(b)Incorporates by specific reference the clause in the charterparty or other contract that contains the terms of the arbitrationagreement.
Article 77 Agreement to arbitrate after a dispute hasarisen
Notwithstanding the provisions of this chapter and chapter 14,after a dispute has arisen the parties to the dispute may agree toresolve it by arbitration in any place.
Article 78 Application of chapter 15
The provisions of this chapter shall bind only ContractingStates that declare in accordance with article 91 that they will bebound by them.
Chapter 16 Validity of contractualterms
Article 79 General provisions
1.Unless otherwise provided in this Convention, any term in acontract of carriage is void to the extent that it:
(a)Directly or indirectly excludes or limits the obligations ofthe carrier or a maritime performing party under thisConvention;
(b)Directly or indirectly excludes or limits the liability ofthe carrier or a maritime performing party for breach of anobligation under this Convention; or
(c)Assigns a benefit of insurance of the goods in favour of thecarrier or a person referred to in article 18.
2.Unless otherwise provided in this Convention, any term in acontract of carriage is void to the extent that it:
(a)Directly or indirectly excludes, limits or increases theobligations under this Convention of the shipper, consignee,controlling party, holder or documentary shipper; or
(b)Directly or indirectly excludes, limits or increases theliability of the shipper, consignee, controlling party, holder ordocumentary shipper for breach of any of its obligations under thisConvention.
Article 80 Special rules for volume contracts
1.Notwithstanding article 79, as between the carrier and theshipper, a volume contract to which this Convention applies mayprovide for greater or lesser rights, obligations and liabilitiesthan those imposed by this Convention.
2.A derogation pursuant to paragraph 1 of this article isbinding only when:
(a)The volume contract contains a prominent statement that itderogates from this Convention;
(b)The volume contract is (i) individually negotiated or (ii)prominently specifies the sections of the volume contractcontaining the derogations;
(c)The shipper is given an opportunity and notice of theopportunity to conclude a contract of carriage on terms andconditions that comply with this Convention without any derogationunder this article; and
(d)The derogation is neither (i) incorporated by reference fromanother document nor (ii) included in a contract of adhesion thatis not subject to negotiation.
3.A carrier’s public schedule of prices and services, transportdocument, electronic transport record or similar document is not avolume contract pursuant to paragraph 1 of this article, but avolume contract may incorporate such documents by reference asterms of the contract.
4.Paragraph 1 of this article does not apply to rights andobligations provided in articles 14, subparagraphs (a) and (b), 29and 32 or to liability arising from the breach thereof, nor does itapply to any liability arising from an act or omission referred toin article 61.
5.The terms of the volume contract that derogate from thisConvention, if the volume contract satisfies the requirements ofparagraph 2 of this article, apply between the carrier and anyperson other than the shipper provided that:
(a)Such person received information that prominently states thatthe volume contract derogates from this Convention and gave itsexpress consent to be bound by such derogations; and
(b)Such consent is not solely set forth in a carrier’s publicschedule of prices and services, transport document or electronictransport record.
6.The party claiming the benefit of the derogation bears theburden of proof that the conditions for derogation have beenfulfilled.
Article 81 Special rules for live animals and certain othergoods
Notwithstanding article 79 and without prejudice to article 80,the contract of carriage may exclude or limit the obligations orthe liability of both the carrier and a maritime performing partyif:
(a)The goods are live animals, but any such exclusion orlimitation will not be effective if the claimant proves that theloss of or damage to the goods, or delay in delivery, resulted froman act or omission of the carrier or of a person referred to inarticle 18, done with the intent to cause such loss of or damage tothe goods or such loss due to delay or done recklessly and withknowledge that such loss or damage or such loss due to delay wouldprobably result; or
(b)The character or condition of the goods or the circumstancesand terms and conditions under which the carriage is to beperformed are such as reasonably to justify a special agreement,provided that such contract of carriage is not related to ordinarycommercial shipments made in the ordinary course of trade and thatno negotiable transport document or negotiable electronic transportrecord is issued for the carriage of the goods.
Chapter 17 Matters not governed by thisconvention
Article 82 International conventions governing the carriageof goods by other modes of transport
Nothing in this Convention affects the application of any of thefollowing international conventions in force at the time thisConvention enters into force, including any future amendment tosuch conventions, that regulate the liability of the carrier forloss of or damage to the goods:
(a)Any convention governing the carriage of goods by air to theextent that such convention according to its provisions applies toany part of the contract of carriage;
(b)Any convention governing the carriage of goods by road to theextent that such convention according to its provisions applies tothe carriage of goods that remain loaded on a road cargo vehiclecarried on board a ship;
(c)Any convention governing the carriage of goods by rail to theextent that such convention according to its provisions applies tocarriage of goods by sea as a supplement to the carriage by rail;or
(d)Any convention governing the carriage of goods by inlandwaterways to the extent that such convention according to itsprovisions applies to a carriage of goods without trans-shipmentboth by inland waterways and sea.
Article 83 Global limitation of liability
Nothing in this Convention affects the application of anyinternational convention or national law regulating the globallimitation of liability of vessel owners.
Article 84 General average
Nothing in this Convention affects the application of terms inthe contract of carriage or provisions of national law regardingthe adjustment of general average.
Article 85 Passengers and luggage
This Convention does not apply to a contract of carriage forpassengers and their luggage.
Article 86 Damage caused by nuclear incident
No liability arises under this Convention for damage caused by anuclear incident if the operator of a nuclear installation isliable for such damage:
(a)Under the Paris Convention on Third Party Liability in theField of Nuclear Energy of 29 July 1960 as amended by theAdditional Protocol of 28 January 1964 and by the Protocols of 16November 1982 and 12 February 2004, the Vienna Convention on CivilLiability for Nuclear Damage of 21 May 1963 as amended by the JointProtocol Relating to the Application of the Vienna Convention andthe Paris Convention of 21 September 1988 and as amended by theProtocol to Amend the 1963 Vienna Convention on Civil Liability forNuclear Damage of 12 September 1997, or the Convention onSupplementary Compensation for Nuclear Damage of 12 September 1997,including any amendment to these conventions and any futureconvention in respect of the liability of the operator of a nuclearinstallation for damage caused by a nuclear incident; or
(b)Under national law applicable to the liability for suchdamage, provided that such law is in all respects as favourable topersons that may suffer damage as either the Paris or ViennaConventions or the Convention on Supplementary Compensation forNuclear Damage.
Chapter 18 Final clauses
Article 87 Depositary
The Secretary-General of the United Nations is hereby designatedas the depositary of this Convention.
Article 88 Signature, ratification, acceptance, approval oraccession
1.This Convention is open for signature by all States atRotterdam, the Netherlands, on 23 September 2009, and thereafter atthe Headquarters of the United Nations in New York.
2.This Convention is subject to ratification, acceptance orapproval by the signatory States.
3.This Convention is open for accession by all States that arenot signatory States as from the date it is open for signature.
4.Instruments of ratification, acceptance, approval andaccession are to be deposited with the Secretary-General of theUnited Nations.
Article 89 Denunciation of other conventions
1.A State that ratifies, accepts, approves or accedes to thisConvention and is a party to the International Convention for theUnification of certain Rules of Law relating to Bills of Ladingsigned at Brussels on 25 August 1924, to the Protocol to amend theInternational Convention for the Unification of certain Rules ofLaw relating to Bills of Lading, signed at Brussels on 23 February1968, or to the Protocol to amend the International Convention forthe Unification of certain Rules of Law relating to Bills of Ladingas Modified by the Amending Protocol of 23 February 1968, signed atBrussels on 21 December 1979, shall at the same time denounce thatConvention and the protocol or protocols thereto to which it is aparty by notifying the Government of Belgium to that effect, with adeclaration that the denunciation is to take effect as from thedate when this Convention enters into force in respect of thatState.
2.A State that ratifies, accepts, approves or accedes to thisConvention and is a party to the United Nations Convention on theCarriage of Goods by Sea concluded at Hamburg on 31 March 1978shall at the same time denounce that Convention by notifying theSecretary-General of the United Nations to that effect, with adeclaration that the denunciation is to take effect as from thedate when this Convention enters into force in respect of thatState.
3.For the purposes of this article, ratifications, acceptances,approvals and accessions in respect of this Convention by Statesparties to the instruments listed in paragraphs 1 and 2 of thisarticle that are notified to the depositary after this Conventionhas entered into force are not effective until such denunciationsas may be required on the part of those States in respect of theseinstruments have become effective. The depositary of thisConvention shall consult with the Government of Belgium, as thedepositary of the instruments referred to in paragraph 1 of thisarticle, so as to ensure necessary coordination in thisrespect.
Article 90 Reservations
No reservation is permitted to this Convention.
Article 91 Procedure and effect of declarations
1.The declarations permitted by articles 74 and 78 may be madeat any time. The initial declarations permitted by article 92,paragraph 1, and article 93, paragraph 2, shall be made at the timeof signature, ratification, acceptance, approval or accession. Noother declaration is permitted under this Convention.
2.Declarations made at the time of signature are subject toconfirmation upon ratification, acceptance or approval.
3.Declarations and their confirmations are to be in writing andto be formally notified to the depositary.
4.A declaration takes effect simultaneously with the entry intoforce of this Convention in respect of the State concerned.However, a declaration of which the depositary receives formalnotification after such entry into force takes effect on the firstday of the month following the expiration of six months after thedate of its receipt by the depositary.
5.Any State that makes a declaration under this Convention maywithdraw it at any time by a formal notification in writingaddressed to the depositary. The withdrawal of a declaration, orits modification where permitted by this Convention, takes effecton the first day of the month following the expiration of sixmonths after the date of the receipt of the notification by thedepositary.
Article 92 Effect in domestic territorial units
1.If a Contracting State has two or more territorial units inwhich different systems of law are applicable in relation to thematters dealt with in this Convention, it may, at the time ofsignature, ratification, acceptance, approval or accession, declarethat this Convention is to extend to all its territorial units oronly to one or more of them, and may amend its declaration bysubmitting another declaration at any time.
2.These declarations are to be notified to the depositary andare to state expressly the territorial units to which theConvention extends.
3.When a Contracting State has declared pursuant to this articlethat this Convention extends to one or more but not all of itsterritorial units, a place located in a territorial unit to whichthis Convention does not extend is not considered to be in aContracting State for the purposes of this Convention.
4.If a Contracting State makes no declaration pursuant toparagraph 1 of this article, the Convention is to extend to allterritorial units of that State.
Article 93 Participation by regional economic integrationorganizations
1.A regional economic integration organization that isconstituted by sovereign States and has competence over certainmatters governed by this Convention may similarly sign, ratify,accept, approve or accede to this Convention. The regional economicintegration organization shall in that case have the rights andobligations of a Contracting State, to the extent that thatorganization has competence over matters governed by thisConvention. When the number of Contracting States is relevant inthis Convention, the regional economic integration organizationdoes not count as a Contracting State in addition to its memberStates which are Contracting States.
2.The regional economic integration organization shall, at thetime of signature, ratification, acceptance, approval or accession,make a declaration to the depositary specifying the mattersgoverned by this Convention in respect of which competence has beentransferred to that organization by its member States. The regionaleconomic integration organization shall promptly notify thedepositary of any changes to the distribution of competence,including new transfers of competence, specified in the declarationpursuant to this paragraph.
3.Any reference to a “Contracting State” or “Contracting States”in this Convention applies equally to a regional economicintegration organization when the context so requires.
Article 94 Entry into force
1.This Convention enters into force on the first day of themonth following the expiration of one year after the date ofdeposit of the twentieth instrument of ratification, acceptance,approval or accession.
2.For each State that becomes a Contracting State to thisConvention after the date of the deposit of the twentiethinstrument of ratification, acceptance, approval or accession, thisConvention enters into force on the first day of the monthfollowing the expiration of one year after the deposit of theappropriate instrument on behalf of that State.
3.Each Contracting State shall apply this Convention tocontracts of carriage concluded on or after the date of the entryinto force of this Convention in respect of that State.
Article 95 Revision and amendment
1.At the request of not less than one third of the ContractingStates to this Convention, the Secretary-General of the UnitedNations shall convene a conference of the Contracting States forrevising or amending it.
2.Any instrument of ratification, acceptance, approval oraccession deposited after the entry into force of an amendment tothis Convention is deemed to apply to the Convention asamended.
Article 96 Denunciation of this Convention
1.A Contracting State may denounce this Convention at any timeby means of a notification in writing addressed to thedepositary.
2.The denunciation takes effect on the first day of the monthfollowing the expiration of one year after the notification isreceived by the depositary. If a longer period is specified in thenotification, the denunciation takes effect upon the expiration ofsuch longer period after the notification is received by thedepositary.
DONE at New York, this eleventh day of December two thousand andeight, in a single original, of which the Arabic, Chinese, English,French, Russian and Spanish texts are equally authentic.
IN WITNESS WHEREOF the undersigned plenipotentiaries, being dulyauthorized by their respective Governments, have signed thisConvention.
