HAGUEHAGUE-VISBYAND HAMBURG RULES

INTRODUCTION

An international sale transaction is in essence a sale of goods

What is its special feature? Seller and buyer in different countries

Contract of sale Contract of carriage Banking contractsInsurance contractDispute resolution

INTERNATIONAL CARRIAGE RoadRailAirSeaMultimodal

CARRIAGE OF GOODS BY SEAINTERNATIONAL CONVENTIONS Hague RulesHague-Visby RulesHamburg Rules

HAGUE RULES

Liability of the carrier under Common Law Strict Insurer Whether negligent or not

Freedom of contract Contracted out of his liabilities and responsibilities Only liability was liability to receive freight

Demand for a law to restrict the freedom of the carrier to contract out of his minimum liabilities in 19th century UK USA Harter Act, 1893Australia, 1904Canada, 1910New Zealand, 1914

Demand for unification/harmonization Hague Rules or Brussels Convention of 1924Hague-Visby Rules, 1968 amending the Hague unit of liabilityBrussels Protocol of 1979 amending the Hague-Visby unit of liability Hamburg Rules, 1978

COMPARISON OF HAGUE, HAGUE-VISBY AND HAMBURG RULES

SCOPE OF APPLICATION Bills of ladingOutward bills of ladingDeck cargoLive animals

CARRIERS BASIC RESPONSIBILITY Hague and Hague-Visby RulesSea worthy vessel Care of cargo subject to a list of 17 exemptions Hamburg RulesGeneral duty of care while goods are in charge of carrier 1

CONTRACTUAL AND ACTUAL CARRIER

PERIOD OF RESPONSIBILITY Hague RulesTackle-to-tackle liabilityHague-Visby RulesTackle-to-tackle liabilityHamburg RulesWhile the goods are in his charge

DELAY IN DELIVERY Hague RulesImplied Hague-Visby RulesImplied Hamburg RulesExpress Consignee entitled to treat the goods as lost if not delivered within 60 consecutive days

LIMITS OF LIABILITY Hague Rules100 pounds per packageHague-Visby Rules10,000 francs Poincare per package or 30 francs per kilogramme of gross weight, whichever is higher Brussels Protocol, 1979666.67 SDR or 2 SDR Hamburg Rules835 SDR or 2.5 SDR

INTERPRETATIONAL PROBLEMS What is a package? Case law Gulf Italia S. S. Navigator Island Yacht Inc. Pacific BearWhether container is a package?Case law Leathers Best Royal Typewriter TindefjellClarification in Hague-Visby and Hamburg Rules Bill of lading must state that the container contains n number of packages

NOTICE OF LOSS Hague RulesNotice at time of removal of goods if loss is apparent and within 3 days if loss is not apparent Hague-Visby RulesSame as Hague Rules Hamburg RulesNotice on next working day if loss is apparent and within 15 consecutive days if loss is not apparent

LIMITATION OF ACTION Hague Rules1 year Hague-Visby Rules1 year but this period can be extended Hamburg Rules2 years and can be extended by declaration or declarations

JURISDICTION

ARBITRATION