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UNITED NATIONS United Nations Convention on  Contracts for the International  Carriage of Goods Wholly or  Partly by Sea UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW
United Nations Convention on  Contracts for the International  Carriage of Goods Wholly or  Partly by Sea UNITED NATIONS Vienna, 2009 UNITED NATIONS PUBLICATION Sales No. E.09.V.9  ISBN 978-92-1-133672-6 © United Nations, June 2014.
All rights reserved, worldwide. The designations employed and the presentation of material in this publication do not  imply the expression of any opinion whatsoever on the part of the Secretariat of the  United Nations concerning the legal status of any country, territory, city or area, or of  its authorities, or concerning the delimitation of its frontiers or boundaries. Publishing production: English, Publishing and Library Section, United Nations Ofifce  at Vienna. Note: This text includes the technical corrections notiifed in Depositary Notiifcation  C.N.563.2012.TREATIES-XI.D.8 and effected in Depositary Notiifcation C.N.105.2013. TREATIES-XI.D.8.
iii Contents Resolution adopted by the General Assembly............................. 1 United Nations Convention on Contracts for the International Carriage  of Goods Wholly or Partly by Sea......................................
4 Chapter 1. General provisions 5 Article 1.
Deifnitions 5 Article 2. Interpretation of this Convention................... 8
Article 3. Form requirements.............................. 8 Article 4. Applicability of defences and limits of liability
9 Chapter 2. Scope of application...................................... 9 Article 5.
General scope of application...................... 9 Article 6. Speciifc exclusions.............................. 10
Article 7. Application to certain parties...................... 10 Chapter 3. Electronic transport records
10 Article 8. Use and effect of electronic transport records......... 10 Article 9.
Procedures for use of negotiable electronic   transport records 11 Article 10. Replacement of negotiable transport document or   negotiable electronic transport record............... 11
Chapter 4. Obligations of the carrier 12 Article 11. Carriage and delivery of the goods
12 Article 12. Period of responsibility of the carrier 12 Article 13.
Speciifc obligations............................ 13 Article 14. Speciifc obligations applicable to the voyage by sea... 13
Article 15. Goods that may become a danger 13 Article 16. Sacriifce of the goods during the voyage by sea......
14 iv Chapter 5. Liability of the carrier for loss, damage or delay 14
Article 17. Basis of liability............................... 14 Article 18. Liability of the carrier for other persons
16 Article 19. Liability of maritime performing parties............ 16 Article 20.
Joint and several liability........................ 17 Article 21. Delay 17
Article 22. Calculation of compensation..................... 17 Article 23. Notice in case of loss, damage or delay
18 Chapter 6. Additional provisions relating to particular stages of carriage...... 19 Article 24.
Deviation.................................... 19 Article 25. Deck cargo on ships............................ 19
Article 26. Carriage preceding or subsequent to sea carriage..... 20 Chapter 7. Obligations of the shipper to the carrier.......................
20 Article 27. Delivery for carriage 20 Article 28.
Cooperation of the shipper and the carrier in providing   information and instructions 21 Article 29. Shipper’s obligation to provide information,   instructions and documents...................... 21
Article 30. Basis of shipper’s liability to the carrier 21 Article 31. Information for compilation of contract particulars
22 Article 32. Special rules on dangerous goods 22 Article 33.
Assumption of shipper’s rights and obligations by   the documentary shipper 23 Article 34. Liability of the shipper for other persons 23
Chapter 8. Transport documents and electronic transport records............ 23 Article 35. Issuance of the transport document or   the electronic transport record....................
23 Article 36. Contract particulars............................ 24 Article 37.
Identity of the carrier........................... 25 Article 38. Signature 25
Article 39. Deifciencies in the contract particulars 26 Article 40. Qualifying the information relating to the goods   in the contract particulars
26 v Article 41. Evidentiary effect of the contract particulars 27
Article 42. “Freight prepaid”..... 28 Chapter 9. Delivery of the goods
28 Article 43. Obligation to accept delivery..................... 28 Article 44.
Obligation to acknowledge receipt 29 Article 45. Delivery when no negotiable transport document or   negotiable electronic transport record is issued....... 29
Article 46. Delivery when a non-negotiable transport document   that requires surrender is issued 30 Article 47. Delivery when a negotiable transport document or   negotiable electronic transport record is issued.......
30 Article 48. Goods remaining undelivered 32 Article 49.
Retention of goods............................. 33 Chapter 10. Rights of the controlling party 34
Article 50. Exercise and extent of right of control 34 Article 51. Identity of the controlling party and   transfer of the right of control....................
34 Article 52. Carrier’s execution of instructions................. 35 Article 53.
Deemed delivery 36 Article 54. Variations to the contract of carriage............... 36
Article 55. Providing additional information, instructions or   documents to carrier 37 Article 56. Variation by agreement
37 Chapter 11. Transfer of rights 37 Article 57.
When a negotiable transport document or   negotiable electronic transport record is issued....... 37 Article 58. Liability of holder 38
Chapter 12. Limits of liability 38 Article 59. Limits of liability..............................
38 Article 60. Limits of liability for loss caused by delay.......... 39 Article 61.
Loss of the beneift of limitation of liability.......... 39 vi Chapter 13. Time for suit
40 Article 62. Period of time for suit 40 Article 63.
Extension of time for suit 40 Article 64. Action for indemnity.. 41
Article 65. Actions against the person identiifed as the carrier.... 41 Chapter 14. Jurisdiction
41 Article 66. Actions against the carrier....................... 41 Article 67.
Choice of court agreements...................... 42 Article 68. Actions against the maritime performing party....... 42
Article 69. No additional bases of jurisdiction 43 Article 70. Arrest and provisional or protective measures
43 Article 71. Consolidation and removal of actions.............. 43 Article 72.
Agreement after a dispute has arisen and jurisdiction   when the defendant has entered an appearance....... 44 Article 73. Recognition and enforcement 44
Article 74. Application of chapter 14 44 Chapter 15. Arbitration..............................................
44 Article 75. Arbitration agreements 44 Article 76.
Arbitration agreement in non-liner transportation..... 46 Article 77. Agreement to arbitrate after a dispute has arisen 46
Article 78. Application of chapter 15 46 Chapter 16. Validity of contractual terms................................
46 Article 79. General provisions............................. 46 Article 80.
Special rules for volume contracts................. 47 Article 81. Special rules for live animals and certain other goods 48
Chapter 17. Matters not governed by this Convention...................... 49 Article 82. International conventions governing the carriage of   goods by other modes of transport
49 Article 83. Global limitation of liability 49 Article 84.
General average...... 49 Article 85. Passengers and luggage......................... 50
Article 86. Damage caused by nuclear incident 50 vii Chapter 18.
Final clauses 50 Article 87. Depositary 50
Article 88. Signature, ratiifcation, acceptance,   approval or accession.. 50 Article 89. Denunciation of other conventions
51 Article 90. Reservations.........
52 Article 91. Procedure and effect of declarations............... 52
Article 92. Effect in domestic territorial units................. 52 Article 93. Participation by regional economic   integration organizations........................
53 Article 94. Entry into force 53 Article 95.
Revision and amendment........................ 54 Article 96. Denunciation of this Convention.................. 54
1 Resolution adopted by the General Assembly 63/122. United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea The General Assembly,
Recalling its resolution 2205 (XXI) of 17 December 1966, by which it  established the United Nations Commission on International Trade Law with a  mandate to further the progressive harmonization and uniifcation of the law of  international trade and in that respect to bear in mind the interests of all peoples,  in particular those of developing countries, in the extensive development of  international trade, Concerned that the current legal regime governing the international carriage of goods by sea lacks uniformity and fails to adequately take into account  modern transport practices, including containerization, door-to-door transport  contracts and the use of electronic transport documents, Noting that the development of international trade on the basis of equality and mutual beneift is an important element in promoting friendly relations  among States, Convinced that the adoption of uniform rules to modernize and harmonize  the rules that govern the international carriage of goods involving a sea leg  would enhance legal certainty, improve efifciency and commercial predictability in the international carriage of goods and reduce legal obstacles to the lfow  of international trade among all States, Believing that the adoption of uniform rules to govern international contracts of carriage wholly or partly by sea will promote legal certainty, improve  the efifciency of international carriage of goods and facilitate new access  opportunities for previously remote parties and markets, thus playing a fundamental role in promoting trade and economic development, both domestically  and internationally,
Noting that shippers and carriers do not have the beneift of a binding and  balanced universal regime to support the operation of contracts of carriage  involving various modes of transport, 2 Recalling that, at its thirty-fourth and thirty-iffth sessions, in 2001 and  2002, the Commission decided to prepare an international legislative instrument governing door-to-door transport operations that involve a sea leg, 1 Recognizing that all States and interested international organizations were  invited to participate in the preparation of the draft Convention on Contracts for  the International Carriage of Goods Wholly or Partly by Sea and in the fortyifrst session of the Commission, either as members or as observers, with a full  opportunity to speak and make proposals, Noting with satisfaction that the text of the draft Convention was circulated for comment to all States Members of the United Nations and intergovern-  mental organizations invited to attend the meetings of the Commission as  observers, and that the comments received were before the Commission at its  forty-ifrst session,
2 Taking note with satisfaction of the decision of the Commission at its  forty-ifrst session to submit the draft Convention to the General Assembly for  its consideration, 3
Taking note of the draft Convention approved by the Commission, 4 Expressing its appreciation to the Government of the Netherlands for its  offer to host a signing ceremony for the Convention in Rotterdam, 1.
Commends the United Nations Commission on International Trade  Law for preparing the draft Convention on Contracts for the International  Carriage of Goods Wholly or Partly by Sea; 2.
Adopts the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, contained in the annex to the  present resolution;
1 Ofifcial Records of the General Assembly, Fifty-sixth Session, Supplement No. 17 and corrigendum (A/56/17 and Corr.3), paras. 319–345; and ibid., Fifty-seventh Session, Supplement No. 17 (A/57/17), paras.  210–224.
2 A/CN.9/658 and Add.1–14 and Add.14/Corr.1. 3 Ofifcial Records of the General Assembly, Sixty-third Session, Supplement No. 17 and corrigendum (A/63/17 and Corr.1), para. 298.
4 Ibid., annex I. 3 3. Authorizes a ceremony for the opening for signature to be held on 23  September 2009 in Rotterdam, the Netherlands, and recommends that the rules  embodied in the Convention be known as the “Rotterdam Rules”; 4.
Calls upon all Governments to consider becoming party to the  Convention. 67th plenary meeting 11 December 2008 4 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL CARRIAGE OF GOODS WHOLLY OR PARTLY BY SEA
The States Parties to this Convention, Reafifrming their belief that international trade on the basis of equality and  mutual beneift is an important element in promoting friendly relations among  States,
Convinced that the progressive harmonization and uniifcation of international trade law, in reducing or removing legal obstacles to the lfow of international trade, signiifcantly contributes to universal economic cooperation  among all States on a basis of equality, equity and common interest, and to the  well-being of all peoples, Recognizing the signiifcant contribution of the International Convention  for the Uniifcation of Certain Rules of Law relating to Bills of Lading, signed  in Brussels on 25 August 1924, and its Protocols, and of the United Nations  Convention on the Carriage of Goods by Sea, signed in Hamburg on 31 March  1978, to the harmonization of the law governing the carriage of goods by sea, Mindful of the technological and commercial developments that have  taken place since the adoption of those conventions and of the need to consolidate and modernize them, Noting that shippers and carriers do not have the beneift of a binding  universal regime to support the operation of contracts of maritime carriage  involving other modes of transport, Believing that the adoption of uniform rules to govern international contracts of carriage wholly or partly by sea will promote legal certainty, improve  the efifciency of international carriage of goods and facilitate new access  opportunities for previously remote parties and markets, thus playing a fundamental role in promoting trade and economic development, both domestically  and internationally,
Have agreed as follows: 5 Chapter 1 General provisions
Article 1 Deifnitions 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 one place to another.
The contract shall provide for carriage by sea and may provide for carriage by other  modes of transport in addition to the sea carriage.
2. “Volume contract” means a contract of carriage that provides for the carriage of a speciifed quantity of goods in a series of shipments during an agreed  period of time. The speciifcation of the quantity may include a minimum, a  maximum or a certain range. 3. “Liner transportation” means a transportation service that is offered to the  public through publication or similar means and includes transportation by  ships operating on a regular schedule between speciifed ports in accordance  with publicly available timetables of sailing dates.
4. “Non-liner transportation” means any transportation that is not liner  transportation. 5. “Carrier” means a person that enters into a contract of carriage with a  shipper. 6.
(a) “Performing party” means a person other than the carrier that performs or undertakes to perform any of the carrier’s obligations under a contract  of carriage with respect to the receipt, loading, handling, stowage, carriage,   keeping, care, unloading or delivery of the goods, to the extent that such person  acts, either directly or indirectly, at the carrier’s request or under the carrier’s  supervision or control. (b) “Performing party” does not include any person that is retained, directly  or indirectly, by a shipper, by a documentary shipper, by the controlling party or  by the consignee instead of by the carrier. 6 7. “Maritime performing party” means a performing party to the extent that  it performs or undertakes to perform any of the carrier’s obligations during the  period between the arrival of the goods at the port of loading of a ship and their  departure from the port of discharge of a ship.
An inland carrier is a maritime  performing party only if it performs or undertakes to perform its services  exclusively within a port area. 8. “Shipper” means a person that enters into a contract of carriage with a  carrier.
9. “Documentary shipper” means a person, other than the shipper, that  accepts to be named as “shipper” in the transport document or electronic  transport record. 10. “Holder” means:
(a) A person that is in possession of a negotiable transport document; and (i) if the document is an order document, is identiifed in it as the shipper or  the consignee, or is the person to which the document is duly endorsed; or (ii)  if the document is a blank endorsed order document or bearer document, is the  bearer thereof; or (b) The person to which a negotiable electronic transport record has  been issued or transferred in accordance with the procedures referred to in  article 9, paragraph 1.
11. “Consignee” means a person entitled to delivery of the goods under a  contract of carriage or a transport document or electronic transport record. 12.
“Right of control” of the goods means the right under the contract of carriage to give the carrier instructions in respect of the goods in accordance with  chapter 10. 13.
“Controlling party” means the person that pursuant to article 51 is entitled  to exercise the right of control. 14. “Transport document” means a document issued under a contract of  carriage by the carrier that:
(a) Evidences the carrier’s or a performing party’s receipt of goods  under a contract of carriage; and (b) Evidences or contains a contract of carriage. 15.
“Negotiable transport document” means a transport document that indicates, by wording such as “to order” or “negotiable” or other appropriate 7 wording recognized as having the same effect by the law applicable to the document, that the goods have been consigned to the order of the shipper, to the  order of the consignee, or to bearer, and is not explicitly stated as being “nonnegotiable” or “not negotiable”. 16. “Non-negotiable transport document” means a transport document that is  not a negotiable transport document.
17. “Electronic communication” means information generated, sent, received  or stored by electronic, optical, digital or similar means with the result that  the information communicated is accessible so as to be usable for subsequent  reference. 18. “Electronic transport record” means information in one or more messages  issued by electronic communication under a contract of carriage by a carrier,  including information logically associated with the electronic transport record  by attachments or otherwise linked to the electronic transport record contemporaneously 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 of goods  under a contract of carriage;
and (b) Evidences or contains a contract of carriage. 19. “Negotiable electronic transport record” means an electronic transport  record:
(a) That indicates, by wording such as “to order”, or “negotiable”, or  other appropriate wording recognized as having the same effect by the law  applicable to the record, that the goods have been consigned to the order of the  shipper or to the order of the 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 an electronic transport record that is not a negotiable electronic transport record.
21. The “issuance” of a negotiable electronic transport record means the issuance of the record in accordance with procedures that ensure that the record is  subject to exclusive control from its creation until it ceases to have any effect or  validity.V.14-03472 (S)
22. The “transfer” of a negotiable electronic transport record means the transfer of exclusive control over the record. 8 23.
“Contract particulars” means any information relating to the contract of  carriage or to the goods (including terms, notations, signatures and endorsements) that is in a transport document or an electronic transport record. 24. “Goods” means the wares, merchandise, and articles of every kind whatsoever that a carrier undertakes to carry under a contract of carriage and includes  the packing and any equipment and container 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 tank or lfat, swapbody, or any similar unit load used to consolidate goods, 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 for the carriage  of goods under a contract of carriage. 29. “Domicile” means (a) a place where a company or other legal person  or association of natural or legal persons has its (i) statutory seat or place of  incorporation or central registered ofifce, whichever is applicable, (ii) central  administration or (iii) principal place of business, and (b) the habitual residence  of a natural person. 30. “Competent court” means a court in a Contracting State that, according to  the rules on the internal allocation of jurisdiction among the courts of that State,  may exercise jurisdiction over the dispute.
Article 2 Interpretation of this Convention In the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the  observance of good faith in international trade.Corrección.
Article 3 Form requirements The notices, conifrmation, consent, agreement, declaration and other 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 communications 9
may be used for these purposes, provided that the use of such means is with the  consent of the person by which it is communicated and of the person to which  it is communicated. Article 4 Applicability of defences and limits of liability 1. Any provision of this Convention that may provide a defence for, or limit  the liability of, the carrier applies in any judicial or arbitral proceeding, whether  founded in contract, in tort, or otherwise, that is instituted in respect of loss of,  damage to, or delay in delivery of goods covered by a contract of carriage or for  the breach of any other obligation under this Convention against:
(a) The carrier or a maritime performing party; (b) The master, crew or any other person that performs services on board  the ship; or (c) Employees of the carrier or a maritime performing party. 2.
Any provision of this Convention that may provide a defence for the shipper or the documentary shipper applies in any judicial or arbitral proceeding,  whether founded in contract, in tort, or otherwise, that is instituted against the  shipper, the documentary shipper, or their subcontractors, agents or employees.Publicación con el número de venta S.09.V.9
Chapter 2 Scope of application Article 5 General scope of application
1. Subject to article 6, this Convention applies to contracts of carriage in  which the place of receipt and the place of delivery are in different States, and  the port of loading of a sea carriage and the port of discharge of the same sea  carriage are in different States, if, according to the contract of carriage, any one  of the following 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. 10 2. This Convention applies without regard to the nationality of the vessel,  the carrier, the performing parties, the shipper, the consignee, or any other  interested parties.
Article 6 Speciifc exclusions 1. This Convention does not apply to the following contracts in liner  transportation:
(a) Charter parties; and (b) Other contracts for the use of a ship or of any space thereon. 2. This Convention does not apply to contracts of carriage in non-liner transportation except when:
(a) There is no charter party or other contract between the parties for the  use of a ship or of any space thereon; and (b) A transport document or an electronic transport record is issued. Article 7 Application to certain parties
Notwithstanding article 6, this Convention applies as between the carrier  and the consignee, controlling party or holder that is not an original party to the  charter party or other contract of carriage excluded from the application of this  Convention.Enero de 2013
However, this Convention does not apply as between the original  parties to a contract of carriage excluded pursuant to article 6. Chapter 3 Electronic transport records Article 8 Use and effect of electronic transport records
Subject to the requirements set out in this Convention: (a) Anything that is to be in or on a transport document under this  Convention may be recorded in an electronic transport record, provided the  issuance and subsequent use of an electronic transport record is with the  consent of the carrier and the shipper; and 11 (b) The issuance, exclusive control, or transfer of an electronic transport  record has the same effect as the issuance, possession, or transfer of a transport  document.
Article 9 Procedures for use of negotiable electronic transport records 1. The use of a negotiable electronic transport record shall be subject to  procedures that provide for:
(a) The method for the issuance and the transfer of that record to an  intended holder; (b) An assurance that the negotiable electronic transport record retains  its integrity; (c) The manner in which the holder is able to demonstrate that it is the  holder; and (d) The manner of providing conifrmation that delivery to the holder has  been effected, or that, pursuant to articles 10, paragraph 2, or 47, subparagraphs  1 (a) (ii) and (c), the electronic transport record has ceased to have any effect or  validity.
2. The procedures in paragraph 1 of this article shall be referred to in the  contract particulars and be readily ascertainable. Article 10 Replacement of negotiable transport document or negotiable electronic transport record 1.
If a negotiable transport document has been issued and the carrier and  the holder agree to replace that document by a negotiable electronic transport  record: (a) The holder shall surrender the negotiable transport document, or all  of them if more than one has been issued, to the carrier; (b) The carrier shall issue to the holder a negotiable electronic transport record that includes a statement that it replaces the negotiable transport  document; and (c) The negotiable transport document ceases thereafter to have any  effect or validity.
12 2. If a negotiable electronic transport record has been issued and the carrier  and the holder agree to replace that electronic transport record by a negotiable  transport document:
(a) The carrier shall issue to the holder, in place of the electronic transport record, a negotiable transport document that includes a statement that it  replaces the negotiable electronic transport record; and
(b) The electronic transport record ceases thereafter to have any effect 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 accordance with the  terms of the contract of carriage, carry the goods to the place 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 goods under this  Convention begins when the carrier or a performing party receives the goods  for carriage and ends when the goods are delivered. 2.
(a) If the law or regulations of the place of receipt require the goods to  be handed over to an authority or other third party from which the carrier may  collect them, the period of responsibility of the carrier begins when the carrier  collects the goods from the authority or other third party. (b) If the law or regulations of the place of delivery require the carrier  to hand over the goods to an authority or other third party from which the consignee may collect them, the period of responsibility of the carrier ends when  the carrier hands the goods over to the authority or other third party. 3. For the purpose of determining the carrier’s period of responsibility, the  parties may agree on the time and location of receipt and delivery of the goods,  but a provision in a contract of carriage is void to the extent that it provides that: 13
(a) The time of receipt of the goods is subsequent to the beginning of  their initial loading under the contract of carriage;
or (b) The time of delivery of the goods is prior to the completion of their  ifnal unloading under the contract of carriage. Article 13 Speciifc obligations 1.
The carrier shall during the period of its responsibility as deifned in article  12, and subject to article 26, properly and carefully receive, load, handle, stow,  carry, keep, care for, unload and deliver the goods. 2. Notwithstanding paragraph 1 of this article, and without prejudice to the  other provisions in chapter 4 and to chapters 5 to 7, the carrier and the shipper  may agree that the loading, handling, stowing or unloading of the goods is to be  performed by the shipper, the documentary shipper or the consignee. Such an  agreement shall be referred to in the contract particulars. Article 14
Speciifc obligations applicable to the voyage by sea The carrier is bound before, at the beginning of, and during the voyage 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 so crewed,  equipped and supplied throughout the voyage; and (c) Make and keep the holds and all other parts of the ship in which the  goods are carried, and any containers supplied by the carrier in or upon which  the goods are carried, ift and safe for their reception, carriage and preservation.Convenio de las Naciones Unidas sobre el Contrato de Transporte Internacional de Mercancías Total o Parcialmente Marítimo (Nueva York, 2008) (“las Reglas de Rotterdam”)
Article 15 Goods that may become a danger
Notwithstanding articles 11 and 13, the carrier or a performing party may  decline to receive or to load, and may take such other measures as are reasonable, including unloading, destroying, or rendering goods harmless, if the  goods are, or reasonably appear likely to become during the carrier’s period of  responsibility, an actual danger to persons, property or the environment. 14 Article 16 Sacriifce of the goods during the voyage by sea Notwithstanding articles 11, 13, and 14, the carrier or a performing party  may sacriifce goods at sea when the sacriifce is reasonably made for the common safety or for the purpose of preserving from peril human life or other  property involved in the common 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, as well as for delay  in delivery, if the claimant proves that the loss, damage, or delay, or the event  or circumstance that caused or contributed to it took place during the period of  the carrier’s responsibility as deifned in chapter 4. 2. The carrier is relieved of all or part of its liability pursuant to paragraph 1  of this article if it proves that the cause or one of the causes of the loss, damage,  or delay is not attributable to its fault or to the fault of any person referred to in  article 18. 3. The carrier is also relieved of all or part of its liability pursuant to paragraph 1 of this article if, alternatively to proving the absence of fault as provided in paragraph 2 of this article, it proves that one or more of the following  events or circumstances caused or contributed to the loss, damage, or delay:
(a) Act of God; (b) Perils, dangers, and accidents of the sea or other navigable waters; (c) War, hostilities, armed conlfict, piracy, terrorism, riots, and civil  commotions; (d) Quarantine restrictions;
interference by or impediments created by  governments, public authorities, rulers, or people including detention, arrest, or  seizure not attributable to the carrier or any person referred to in article 18;Corrección
(e) Strikes, lockouts, stoppages, or restraints of labour; (f) Fire on the ship; (g) Latent defects not discoverable by due diligence; 15
(h) Act or omission of the shipper, the documentary shipper, the controlling party, or any other person for whose acts the shipper or the documentary  shipper is liable pursuant to article 33 or 34; (i) Loading, handling, stowing, or unloading of the goods performed  pursuant to an agreement in accordance with article 13, paragraph 2, unless the  carrier or a performing party performs such activity on behalf of the shipper, the  documentary shipper or the consignee; (j) Wastage in bulk or weight or any other loss or damage arising from  inherent defect, quality, or vice of the goods; (k) Insufifciency or defective condition of packing or marking not  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 at sea;1.
(n) Reasonable measures to avoid or attempt to avoid damage to the  environment; or (o) Acts of the carrier in pursuance of the powers conferred by articles 15  and 16. 4.
Notwithstanding paragraph 3 of this article, the carrier is liable for all or  part of the loss, damage, or delay: (a) If the claimant proves that the fault of the carrier or of a person  referred to in article 18 caused or contributed to the event or circumstance on  which the carrier relies; or (b) If the claimant proves that an event or circumstance not listed in paragraph 3 of this article contributed to the loss, damage, or delay, and the carrier  cannot prove that this event or circumstance is not attributable to its fault or to  the fault of any person referred to in article 18. 5.
The carrier is also liable, notwithstanding paragraph 3 of this article, for all  or part of the loss, damage, or delay if: (a) The claimant proves that the loss, damage, or delay was or was probably caused by or contributed to by (i) the unseaworthiness of the ship; (ii) the  improper crewing, equipping, and supplying of the ship; or (iii) the fact that the  holds or other parts of the ship in which the goods are carried, or any containers  supplied by the carrier in or upon which the goods are carried, were not ift and  safe for reception, carriage, and preservation of the goods; and
16 (b) The carrier is unable to prove either that: (i) none of the events  or circumstances referred to in subparagraph 5 (a) of this article caused the  loss, damage, or delay; or (ii) it complied with its obligation to exercise due  diligence pursuant to article 14. 6. When the carrier is relieved of part of its liability pursuant to this article,  the carrier is liable only for that part of the loss, damage or delay that is attributable to the event or circumstance for which it is liable pursuant to this article.
Article 18 Liability of the carrier for other persons The carrier is liable for the breach of its obligations under this 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 any of the  carrier’s obligations under the contract of carriage, to the extent that the person  acts, either directly or indirectly, at the carrier’s request or under the carrier’s  supervision or control. Article 19 Liability of maritime performing partiesArtículo 1, párrafo 6, apartado a)
1. A maritime performing party is subject to the obligations and liabilities  imposed on the carrier under this Convention and is entitled to the carrier’s  defences and limits of liability as provided for in this Convention if: (a) The maritime performing party received the goods for carriage in a  Contracting State, or delivered them in a Contracting State, or performed its  activities with respect to the goods in a port in a Contracting State; and (b) The occurrence that caused the loss, damage or delay took place:  (i) during the period between the arrival of the goods at the port of loading of  the ship and their departure from the port of discharge from the ship and either  (ii) while the maritime performing party had custody of the goods or (iii) at any  other time to the extent that it was participating in the performance of any of the  activities contemplated by the contract of carriage.
17 2.
If the carrier agrees to assume obligations other than those imposed on  the carrier under this Convention, or agrees that the limits of its liability are  higher than the limits speciifed under this Convention, a maritime performing  party is not bound by this agreement unless it expressly agrees to accept such  obligations or such higher limits. 3. A maritime performing party is liable for the breach of its obligations under  this Convention caused by the acts or omissions of any person to which it has  entrusted the performance of any of the carrier’s obligations under the contract  of carriage under the conditions set out in paragraph 1 of this article. 4. Nothing in this Convention imposes liability on the master or crew of the  ship or on an employee of the carrier or of a maritime performing party.
Article 20 Joint and several liability 1.
If the carrier and one or more maritime performing parties are liable for the  loss of, damage to, or delay in delivery of the goods, their liability is joint and  several but only up to the limits provided for under this Convention. 2. Without prejudice to article 61, the aggregate liability of all such persons  shall not exceed the overall limits of liability under this Convention. Article 21 Delay Delay in delivery occurs when the goods are not delivered at the place of  destination provided for in the contract of carriage within the time agreed.
Article 22 Calculation of compensation 1.
Subject to article 59, the compensation payable by the carrier for loss of or  damage to the goods is calculated by reference to the value of such goods at the  place and time of delivery established in accordance with article 43. 2.
The value of the goods is ifxed according to the commodity exchange price  or, if there is no such price, according to their market price or, if there is no  commodity exchange price or market price, by reference to the normal value of  the goods of the same kind and quality at the place of delivery. 18 3. In case of loss of or damage to the goods, the carrier is not liable for payment of any compensation beyond what is provided for in paragraphs 1 and 2  of this article except when the carrier and the shipper have agreed to calculate  compensation in a different manner 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 the contract particulars unless  notice of loss of or damage to the goods, indicating the general nature of such  loss or damage, was given to the carrier or the performing party that delivered  the goods before or at the time of the delivery, or, if the loss or damage is not  apparent, within seven working days at the place of delivery after the delivery  of the goods. 2. Failure to provide the notice referred to in this article to the carrier or the  performing party shall not affect the right to claim compensation for loss of or  damage to the goods under this Convention, nor shall it affect the allocation of  the burden of proof set out in article 17. 3. The notice referred to in this article is not required in respect of loss or  damage that is ascertained in a joint inspection of the goods by the person  to which they have been delivered and the carrier or the maritime performing  party against which liability is being asserted.
4.
No compensation in respect of delay is payable unless notice of loss due to  delay was given to the carrier within twenty-one consecutive days of delivery  of the goods. 5. When the notice referred to in this article is given to the performing party  that delivered the goods, it has the same effect as if that notice was given to the  carrier, and notice given to the carrier has the same effect as a notice given to a  maritime performing party. 6. In the case of any actual or apprehended loss or damage, the parties to the  dispute shall give all reasonable facilities to each other for inspecting and tallying the goods and shall provide access to records and documents relevant to the  carriage of the goods.
19 Chapter 6 Additional provisions relating to particular stages of carriage Article 24 Deviation
When pursuant to applicable law a deviation constitutes a breach of the  carrier’s obligations, such deviation of itself shall not deprive the carrier or  a maritime performing party of any defence or limitation of this Convention,  except to the extent provided in article 61.En la cuarta línea, entre las palabras “el transporte,” y “el cuidado”, insértense las palabras
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 ift for deck  carriage, and the decks are specially iftted to carry such containers or vehicles; or
(c) The carriage on deck is in accordance with the contract of carriage, or  the customs, usages or practices of the trade in question. 2.
The provisions of this Convention relating to the liability of the carrier  apply to the loss of, damage to or delay in the delivery of goods carried on deck  pursuant to paragraph 1 of this article, but the carrier is not liable for loss of  or damage to such goods, or delay in their delivery, caused by the special risks  involved in their carriage on deck when the goods are carried in accordance  with subparagraphs 1 (a) or (c) of this article. 3. If the goods have been carried on deck in cases other than those permitted  pursuant to paragraph 1 of this article, the carrier is liable for loss of or damage  to the goods or delay in their delivery that is exclusively caused by their  carriage on deck, and is not entitled to the defences provided for in article 17. 4. The carrier is not entitled to invoke subparagraph 1 (c) of this article against  a third party that has acquired a negotiable transport document or a negotiable  electronic transport record in good faith, unless the contract particulars state  that the goods may be carried on deck.
20 5.
If the carrier and shipper expressly agreed that the goods would be carried  under deck, the carrier is not entitled to the beneift of the limitation of liability  for any loss of, damage to or 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 sea carriage When loss of or damage to goods, or an event or circumstance causing a  delay in their delivery, occurs during the carrier’s period of responsibility but  solely before their loading onto the ship or solely after their discharge from the  ship, the provisions of this Convention do not prevail over those provisions of  another international instrument that, at the time of such loss, damage or event  or circumstance causing delay: (a) Pursuant to the provisions of such international instrument would  have applied to all or any of the carrier’s activities if the shipper had made a  separate and direct contract with the carrier in respect of the particular stage  of carriage where the loss of, or damage to goods, or an event or circumstance  causing delay in their delivery occurred;
(b) Speciifcally provide for the carrier’s liability, limitation of liability, or  time for suit; and (c) Cannot be departed from by contract either at all or to the detriment  of the shipper under that instrument. Chapter 7
Obligations of the shipper to the carrier Article 27 Delivery for carriage 1.
Unless otherwise agreed in the contract of carriage, the shipper shall deliver  the goods ready for carriage. In any event, the shipper shall deliver the goods  in such condition that they will withstand the intended carriage, including their  loading, handling, stowing, lashing and securing, and unloading, and that they  will not cause harm to persons or property. 2. The shipper shall properly and carefully perform any obligation assumed  under an agreement made pursuant to article 13, paragraph 2. 21
3. When a container is packed or a vehicle is loaded by the shipper, the shipper shall properly and carefully stow, lash and secure the contents in or on the  container or vehicle, and in such a way that they will not cause harm to persons  or property. Article 28 Cooperation of the shipper and the carrier in providing information and instructions The carrier and the shipper shall respond to requests from each other to  provide information and instructions required for the proper handling and carriage of the goods if the information is in the requested party’s possession or the  instructions are within the requested party’s reasonable ability to provide and  they are not otherwise 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 manner such information, instructions and documents relating to the goods that are not otherwise  reasonably available to the carrier, and that are reasonably necessary:
(a) For the proper handling and carriage of the goods, including  precautions to be taken by the carrier or a performing party; and (b) For the carrier to comply with law, regulations or other requirements  of public authorities in connection with the intended carriage, provided that the  carrier notiifes the shipper in a timely manner of the information, instructions  and documents it requires. 2. Nothing in this article affects any speciifc obligation to provide certain  information, instructions and documents related to the goods pursuant to law,  regulations or other requirements of public authorities in connection with the  intended carriage.
Article 30 Basis of shipper’s liability to the carrier
1. The shipper is liable for loss or damage sustained by the carrier if the carrier proves that such loss or damage was caused by a breach of the shipper’s  obligations under this Convention. 22 2.
Except in respect of loss or damage caused by a breach by the shipper  of its obligations pursuant to articles 31, paragraph 2, and 32, the shipper is  relieved of all or part of its liability if the cause or one of the causes of the loss  or damage is not attributable to its fault or to the fault of any person referred to  in article 34. 3. When the shipper is relieved of part of its liability pursuant to this article,  the shipper is liable only for that part of the loss or damage that is attributable  to its fault or to the fault of any person referred to in article 34. Article 31 Information for compilation of contract particulars
1. The shipper shall provide to the carrier, in a timely manner, accurate information required for the compilation of the contract particulars and the issuance  of the transport documents or electronic transport records, including the particulars referred to in article 36, paragraph 1; the name of the party to be identiifed as the shipper in the contract particulars; the name of the consignee, if any; and the name of the person to whose order the transport document or electronic  transport record is to be issued, if any.
2. The shipper is deemed to have guaranteed the accuracy at the time of  receipt by the carrier of the information that is provided according to paragraph 1  of this article.
The shipper shall indemnify the carrier against loss or damage  resulting from the inaccuracy of such information. Article 32 Special rules on dangerous goods
When goods by their nature or character are, or reasonably appear likely to  become, a danger to persons, property or the environment: (a) The shipper shall inform the carrier of the dangerous nature or character of the goods in a timely manner before they are delivered to the carrier or a  performing party. If the shipper fails to do so and the carrier or performing party  does not otherwise have knowledge of their dangerous nature or character, the  shipper is liable to the carrier for loss or damage resulting from such failure to  inform; and (b) The shipper shall mark or label dangerous goods in accordance with  any law, regulations or other requirements of public authorities that apply during any stage of the intended carriage of the goods.
If the shipper fails to do so,  it is liable to the carrier for loss or damage resulting from such failure. 23 Article 33 Assumption of shipper’s rights and obligations by the documentary shipper 1.
A documentary shipper is subject to the obligations and liabilities  imposed on the shipper pursuant to this chapter and pursuant to article 55, and  is entitled to the shipper’s rights and defences provided by this chapter and by  chapter 13.“la conservación,”.
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 under this Convention  caused by the acts or omissions of any person, including employees, agents and  subcontractors, to which it has entrusted the performance of any of its obligations, but the shipper is not liable for acts or omissions of the carrier or a performing party acting on behalf of the carrier, to which the shipper has entrusted  the performance of its obligations.
Chapter 8 Transport documents and electronic transport records Article 35
Issuance of the transport document or the electronic transport record Unless the shipper and the carrier have agreed not to use a transport document or an electronic transport record, or it is the custom, usage or practice of  the trade not to use one, upon delivery of the goods for carriage to the carrier  or performing party, the shipper or, if the shipper consents, the documentary  shipper, is entitled to obtain from the carrier, at the shipper’s option: (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 to article  8, subparagraph (a), a negotiable electronic transport record, unless the shipper and the carrier have agreed not to use a negotiable transport document or  negotiable electronic transport record, or it is the custom, usage or practice of  the trade not to use one.
24 Article 36 Contract particulars 1. The contract particulars in the transport document or electronic transport record referred to in article 35 shall include the following information, as  furnished by the shipper:
(a) A description of the goods as appropriate for the transport; (b) The leading marks necessary for identiifcation of the goods; (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 or electronic transport  record referred to in article 35 shall also include:
(a) A statement of the apparent order and condition of the goods at the  time the carrier or a performing party receives them for carriage; (b) The name and address of the carrier; (c) The date on which the carrier or a performing party received the  goods, or on which the goods were loaded on board the ship, or on which the  transport document or electronic transport record was issued; and (d) If the transport document is negotiable, the number of originals of the  negotiable transport document, when more than one original is issued.
3. The contract particulars in the transport document or electronic transport  record referred to in article 35 shall further include:
(a) The name and address of the consignee, if named by the shipper; (b) The name of a ship, if speciifed in the contract of carriage; (c) The place of receipt and, if known to the carrier, the place of delivery; and
(d) The port of loading and the port of discharge, if speciifed in the  contract of carriage.2.
4. For the purposes of this article, the phrase “apparent order and condition of  the goods” in subparagraph 2 (a) of this article refers to the order and condition  of the goods based on: 25
(a) A reasonable external inspection of the goods as packaged at the time  the shipper delivers them to the carrier or a performing party;
and (b) Any additional inspection that the carrier or a performing party actually performs before issuing the transport document or electronic transport  record. Article 37 Identity of the carrier 1.
If a carrier is identiifed by name in the contract particulars, any other information in the transport document or electronic transport record relating to the  identity of the carrier shall have no effect to the extent that it is inconsistent with  that identiifcation. 2. If no person is identiifed in the contract particulars as the carrier as required  pursuant to article 36, subparagraph 2 (b), but the contract particulars indicate  that the goods have been loaded on board a named ship, the registered owner of  that ship is presumed to be the carrier, unless it proves that the ship was under  a bareboat charter at the time of the carriage and it identiifes this bareboat charterer and indicates its address, in which case this bareboat charterer is presumed  to be the carrier. Alternatively, the registered owner may rebut the presumption  of being the carrier by identifying the carrier and indicating its address. The  bareboat charterer may rebut any presumption of being the carrier in the same  manner.
3. Nothing in this article prevents the claimant from proving that any  person other than a person identiifed in the contract particulars or pursuant to  paragraph 2 of this article is the carrier.
Article 38 Signature 1. A transport document shall be signed by the carrier or a person acting on  its behalf. 2. An electronic transport record shall include the electronic signature of the  carrier or a person acting on its behalf.
Such electronic signature shall identify  the signatory in relation to the electronic transport record and indicate the  carrier’s authorization of the electronic transport record. 26 Article 39
Deifciencies in the contract particulars 1. The absence or inaccuracy of one or more of the contract particulars  referred to in article 36, paragraphs 1, 2 or 3, does not of itself affect the legal  character or validity of the transport document or of the electronic transport  record.Artículo 19, párrafo 1, apartado b)
2. If the contract particulars include the date but fail to indicate its signiifcance, the date is deemed to be:
(a) The date on which all of the goods indicated in the transport document or electronic transport record were loaded on board the ship, if the contract particulars indicate that the goods have been loaded on board a ship; or (b) The date on which the carrier or a performing party received the  goods, if the contract particulars do not indicate that the goods have been loaded  on board a ship. 3. If the contract particulars fail to state the apparent order and condition of  the goods at the time the carrier or a performing party receives them, the contract particulars are deemed to have stated that the goods were in apparent good  order and condition at the time the carrier or a performing party received them.
Article 40 Qualifying the information relating to the goods in the contract particulars 1.
The carrier shall qualify the information referred to in article 36, paragraph 1,  to indicate that the carrier does not assume responsibility for the accuracy of the  information furnished by the shipper if: (a) The carrier has actual knowledge that any material statement in the  transport document or electronic transport record is false or misleading; or (b) The carrier has reasonable grounds to believe that a material statement  in the transport document or electronic transport record is false or misleading. 2.
Without prejudice to paragraph 1 of this article, the carrier may qualify  the information referred to in article 36, paragraph 1, in the circumstances  and in the manner set out in paragraphs 3 and 4 of this article to indicate that  the carrier does not assume responsibility for the accuracy of the information  furnished by the shipper. 27 3. When the goods are not delivered for carriage to the carrier or a performing  party in a closed container or vehicle, or when they are delivered in a closed  container or vehicle and the carrier or a performing party actually inspects them,  the carrier may qualify the information referred to in article 36, paragraph 1, if: (a) The carrier had no physically practicable or commercially reasonable  means of checking the information furnished by the shipper, in which case it  may indicate which information it was unable to check;
or
(b) The carrier has reasonable grounds to believe the information furnished by the shipper to be inaccurate, in which case it may include a clause  providing what it reasonably considers accurate information. 4. When the goods are delivered for carriage to the carrier or a performing  party in a closed container or vehicle, the carrier may qualify 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 actually been  inspected by the carrier or a performing party;
and (ii) Neither the carrier nor a performing party otherwise has actual knowledge of its contents before issuing the transport document or the electronic  transport record; and (b) Article 36, subparagraph 1 (d), if:
(i) Neither the carrier nor a performing party weighed the container or  vehicle, and the shipper and the carrier had not agreed prior to the shipment  that the container or vehicle would be weighed and the weight would be  included in the contract particulars; or (ii) There was no physically practicable or commercially reasonable  means of checking the weight of the container or vehicle.En la tercera línea, suprímase el punto y coma al final del requisito i) e insértense las palabras “y ya sea”
Article 41 Evidentiary effect of the contract particulars Except to the extent that the contract particulars have been qualiifed in the  circumstances and in the manner set out in article 40:
(a) A transport document or an electronic transport record is prima facie  evidence of the carrier’s receipt of the goods as stated in the contract particulars;
(b) Proof to the contrary by the carrier in respect of any contract 28 particulars shall not be admissible, when such contract particulars are included  in:
(i) A negotiable transport document or a negotiable electronic transport  record that is transferred to a third party acting in good faith; or (ii) A non-negotiable transport document that indicates that it must be  surrendered in order to obtain delivery of the goods and is transferred to  the consignee acting in good faith; (c) Proof to the contrary by the carrier shall not be admissible against  a consignee that in good faith has acted in reliance on any of the following  contract particulars included in a non-negotiable transport document or a non  negotiable electronic transport record: (i) The contract particulars referred to in article 36, paragraph 1, when  such contract particulars are furnished by the carrier;
(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 “freight prepaid” or a statement of a similar nature, the carrier cannot assert against the holder or the consignee the fact that the freight has not been paid.
This article does not apply if  the holder 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 consignee that  demands delivery of the goods under the contract of carriage shall accept delivery of the goods at the time or within the time period and at the location agreed  in the contract of carriage or, failing such agreement, at the time and location  at which, having regard to the terms of the contract, the customs, usages or  practices of the trade and the circumstances of the carriage, delivery could  reasonably be expected. 29 Article 44 Obligation to acknowledge receipt On request of the carrier or the performing party that delivers the goods, the  consignee shall acknowledge receipt of the goods from the carrier or the performing party in the manner that is customary at the place of delivery.
The carrier may refuse delivery if the consignee refuses to acknowledge such receipt. Article 45 Delivery when no negotiable transport document or negotiable electronic transport record is issued
When neither a negotiable transport document nor a negotiable electronic  transport record has been issued: (a) The carrier shall deliver the goods to the consignee at the time and  location referred to in article 43.
The carrier may refuse delivery if the person  claiming to be the consignee does not properly identify itself as the consignee  on the request of the carrier;
(b) If the name and address of the consignee are not referred to in the  contract particulars, the controlling party shall prior to or upon the arrival of the  goods at the place of destination advise the carrier of such name and address; (c) Without prejudice to article 48, paragraph 1, if the goods are not  deliverable because (i) the consignee, after having received a notice of arrival,  does not, at the time or within the time period referred to in article 43, claim  delivery of the goods from the carrier after their arrival at the place of destination, (ii) the carrier refuses delivery because the person claiming to be the  consignee does not properly identify itself as the consignee, or (iii) the carrier  is, after reasonable effort, unable to locate the consignee in order to request  delivery instructions, the carrier may so advise the controlling party and request  instructions in respect of the delivery of the goods. If, after reasonable effort,  the carrier is unable to locate the controlling party, the carrier may so advise the  shipper and request instructions in respect of the delivery of the goods. If, after  reasonable effort, the carrier is unable to locate the shipper, the carrier may so  advise the documentary shipper and request instructions in respect of the delivery of the goods; (d) The carrier that delivers the goods upon instruction of the controlling party, the shipper or the documentary shipper pursuant to subparagraph (c)  of this article is discharged from its obligations to deliver the goods under the  contract of carriage.
30 Article 46
Delivery when a non-negotiable transport document that requires surrender is issued When a non-negotiable transport document has been issued that indicates  that it shall be surrendered in order to obtain delivery of the goods: (a) The carrier shall deliver the goods at the time and location referred  to in article 43 to the consignee upon the consignee properly identifying itself  on the request of the carrier and surrender of the non-negotiable document. The  carrier may refuse delivery if the person claiming to be the consignee fails to  properly identify itself on the request of the carrier, and shall refuse delivery if  the non-negotiable document is not surrendered. If more than one original of  the non-negotiable document has been issued, the surrender of one original will  sufifce and the other originals cease to have any effect or validity;
(b) Without prejudice to article 48, paragraph 1, if the goods are not  deliverable because (i) the consignee, after having received a notice of arrival,  does not, at the time or within the time period referred to in article 43, claim  delivery of the goods from the carrier after their arrival at the place of destination, (ii) the carrier refuses delivery because the person claiming to be the consignee does not properly identify itself as the consignee or does not surrender  the document, or (iii) the carrier is, after reasonable effort, unable to locate the  consignee in order to request delivery instructions, the carrier may so advise the  shipper and request instructions in respect of the delivery of the goods. If, after  reasonable effort, the carrier is unable to locate the shipper, the carrier may so  advise the documentary shipper and request instructions in respect of the delivery of the goods; (c) The carrier that delivers the goods upon instruction of the shipper  or the documentary shipper pursuant to subparagraph (b) of this article is  discharged from its obligation to deliver the goods under the contract of  carriage, irrespective of whether the non-negotiable transport document has been  surrendered to it. Article 47 Delivery when a negotiable transport document or negotiable electronic transport record is issued
1.
When a negotiable transport document or a negotiable electronic transport  record has been issued: (a) The holder of the negotiable transport document or negotiable  electronic transport record is entitled to claim delivery of the goods from the 31 carrier after they have arrived at the place of destination, in which event the  carrier shall deliver the goods at the time and location referred to in article 43  to the holder: (i) Upon surrender of the negotiable transport document and, if the  holder is one of the persons referred to in article 1, subparagraph 10 (a) (i),  upon the holder properly identifying itself;
or (ii) Upon demonstration by the holder, in accordance with the procedures  referred to in article 9, paragraph 1, that it is the holder of the negotiable  electronic transport record; (b) The carrier shall refuse delivery if the requirements of subparagraph  (a) (i) or (a) (ii) of this paragraph are not met; (c) If more than one original of the negotiable transport document  has been issued, and the number of originals is stated in that document, the  surrender of one original will sufifce and the other originals cease to have any  effect or validity. When a negotiable electronic transport record has been used,  such electronic transport record ceases to have any effect or validity upon  delivery to the holder in accordance with the procedures required by article 9,  paragraph 1.
2. Without prejudice to article 48, paragraph 1, if the negotiable transport  document or the negotiable electronic transport record expressly states that the  goods may be delivered without the surrender of the transport document or the  electronic transport 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 or within the time period  referred to in article 43, claim delivery of the goods from the carrier after their  arrival at the place of destination, (ii) the carrier refuses delivery because the  person claiming to be a holder does not properly identify itself as one of the  persons referred to in article 1, subparagraph 10 (a) (i), or (iii) the carrier is,  after reasonable effort, unable to locate the holder in order to request delivery  instructions, the carrier may so advise the shipper and request instructions in  respect of the delivery of the goods. If, after reasonable effort, the carrier is  unable to locate the shipper, the carrier may so advise the documentary shipper  and request instructions in respect of the delivery of the goods; (b) The carrier that delivers the goods upon instruction of the shipper or  the documentary shipper in accordance with subparagraph 2 (a) of this article  is discharged from its obligation to deliver the goods under the contract of carriage to the holder, irrespective of whether the negotiable transport document  has been surrendered to it, or the person claiming delivery under a negotiable
32 electronic transport record has demonstrated, in accordance with the procedures referred to in article 9, paragraph 1, that it is the holder;
(c) The person giving instructions under subparagraph 2 (a) of this article shall indemnify the carrier against loss arising from its being held liable to  the holder under subparagraph 2 (e) of this article. The carrier may refuse to  follow those instructions if the person fails to provide adequate security as the  carrier may reasonably request; (d) A person that becomes a holder of the negotiable transport document  or the negotiable electronic transport record after the carrier has delivered the  goods pursuant to subparagraph 2 (b) of this article, but pursuant to contractual  or other arrangements made before such delivery acquires rights against the  carrier under the contract of carriage, other than the right to claim delivery of  the goods; (e) Notwithstanding subparagraphs 2 (b) and 2 (d) of this article, a  holder that becomes a holder after such delivery, and that did not have and  could not reasonably have had knowledge of such delivery at the time it became  a holder, acquires the rights incorporated in the negotiable transport document  or negotiable electronic transport record. When the contract particulars state the  expected time of arrival of the goods, or indicate how to obtain information as  to whether the goods have been delivered, it is presumed that the holder at the  time that it became a holder had or could reasonably have had knowledge of the  delivery of the goods.
Article 48 Goods remaining undelivered 1.
For the purposes of this article, goods shall be deemed to have remained  undelivered only if, after their arrival at the place of destination: (a) The consignee does not accept delivery of the goods pursuant to this  chapter at the time and location referred to in article 43; (b) The controlling party, the holder, the shipper or the documentary  shipper cannot be found or does not give the carrier adequate instructions  pursuant to articles 45, 46 and 47; (c) The carrier is entitled or required to refuse delivery pursuant to  articles 44, 45, 46 and 47; (d) The carrier is not allowed to deliver the goods to the consignee  pursuant to the law or regulations of the place at which delivery is requested;
or 33 (e) The goods are otherwise undeliverable by the carrier. 2.
Without prejudice to any other rights that the carrier may have against the  shipper, controlling party or consignee, if the goods have remained undelivered,  the carrier may, at the risk and expense of the person entitled to the goods, take  such action in respect 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 or vehicles, or  to act otherwise in respect of the goods, including by moving them; and (c) To cause the goods to be sold or destroyed in accordance with the  practices or pursuant to the law or regulations of the place where the goods are  located at the time.
3.
The carrier may exercise the rights under paragraph 2 of this article only  after it has given reasonable notice of the intended action under paragraph 2  of this article to the person stated in the contract particulars as the person, if  any, to be notiifed of the arrival of the goods at the place of destination, and to  one of the following persons in the order indicated, if known to the carrier: the  consignee, the controlling party or the shipper. 4. If the goods are sold pursuant to subparagraph 2 (c) of this article, the carrier shall hold the proceeds of the sale for the beneift of the person entitled to  the goods, subject to the deduction of any costs incurred by the carrier and any  other amounts that are due to the carrier in connection with the carriage of those  goods. 5. The carrier shall not be liable for loss of or damage to goods that occurs  during the time that they remain undelivered pursuant to this article unless the  claimant proves that such loss or damage resulted from the failure by the carrier  to take steps that would have been reasonable in the circumstances to preserve  the goods and that the carrier knew or ought to have known that the loss or  damage to the goods would result from its failure to take such steps.
Article 49 Retention of goods
Nothing in this Convention affects a right of the carrier or a performing  party that may exist pursuant to the contract of carriage or the applicable law to  retain the goods to secure the payment of sums due. 34 Chapter 10
Rights of the controlling party Article 50 Exercise and extent of right of control
1. The right of control may be exercised only by the controlling party and is  limited to: (a) The right to give or modify instructions in respect of the goods that  do not constitute a variation of the contract of carriage;
(b) The right to obtain delivery of the goods at a scheduled port of call or,  in respect of inland carriage, any place en route; and (c) The right to replace the consignee by any other person including the  controlling party. 2.
The right of control exists during the entire period of responsibility of the  carrier, as provided in article 12, and ceases when that period expires. Article 51 Identity of the controlling party and transfer of the right of control
1. Except in the cases referred to in paragraphs 2, 3 and 4 of this article: (a) The shipper is the controlling party unless the shipper, when the  contract of carriage is concluded, designates the consignee, the documentary  shipper or another person as the controlling party; (b) The controlling party is entitled to transfer the right of control to  another person. The transfer becomes effective with respect to the carrier upon  its notiifcation of the transfer by the transferor, and the transferee becomes the  controlling party;
and (c) The controlling party shall properly identify itself when it exercises  the right of control. 2.
When a non-negotiable transport document has been issued that indicates  that it shall be surrendered in order to obtain delivery of the goods: (a) The shipper is the controlling party and may transfer the right of  control to the consignee named in the transport document by transferring the 35 document to that person without endorsement. If more than one original of  the document was issued, all originals shall be transferred in order to effect a  transfer of the right of control;
and (b) In order to exercise its right of control, the controlling party shall  produce the document and properly identify itself.
If more than one original of  the document was issued, all originals shall be produced, failing which the right  of control cannot be exercised. 3. When a negotiable transport document is issued:
(a) The holder or, if more than one original of the negotiable transport  document is issued, the holder of all originals is the controlling party; (b) The holder may transfer the right of control by transferring the negotiable transport document to another person in accordance with article 57. If  more than one original of that document was issued, all originals shall be transferred to that person in order to effect a transfer of the right of control; and (c) In order to exercise the right of control, the holder shall produce the  negotiable transport document to the carrier, and if the 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 originals shall be produced, failing which the right of control cannot be exercised. 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 another person by  transferring the negotiable electronic transport record in accordance with the  procedures referred to in article 9, paragraph 1; and (c) In order to exercise the right of control, the holder shall demonstrate,  in accordance with the procedures referred to in article 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 carrier shall execute the  instructions referred to in article 50 if:
(a) The person giving such instructions is entitled to exercise the right of  control; 36 (b) The instructions can reasonably be executed according to their terms  at the moment that they reach the carrier; and
(c) The instructions will not interfere with the normal operations of the  carrier, including its delivery practices. 2. In any event, the controlling party shall reimburse the carrier for any  reasonable additional expense that the carrier may incur and shall indemnify  the carrier against loss or damage that the carrier may suffer as a result of  diligently executing any instruction pursuant to this article, including compensation that the carrier may become liable to pay for loss of or damage to other  goods being carried. 3. The carrier is entitled to obtain security from the controlling party for  the amount of additional expense, loss or damage that the carrier reasonably  expects will arise in connection with the execution of an instruction pursuant  to this article.
The carrier may refuse to carry out the instructions if no such  security is provided. 4. The carrier’s liability for loss of or damage to the goods or for delay in  delivery resulting from its failure to comply with the instructions of the controlling party in breach of its obligation pursuant to paragraph 1 of this article shall  be subject to articles 17 to 23, and the amount of the compensation payable by  the carrier shall be subject to articles 59 to 61. Article 53 Deemed delivery Goods that are delivered pursuant to an instruction in accordance with article 52, paragraph 1, are deemed to be delivered at the place of destination, and  the provisions of chapter 9 relating to such delivery apply to such goods.
Article 54 Variations to the contract of carriage 1.
The controlling party is the only person that may agree with the carrier to  variations to the contract of carriage other than those referred to in article 50,  subparagraphs 1 (b) and (c). 2. Variations to the contract of carriage, including those referred to in article 50, subparagraphs 1 (b) and (c), shall be stated in a negotiable transport  document or in a non-negotiable transport document that requires surrender, 37 or incorporated in a negotiable electronic transport record, or, upon the request  of the controlling party, shall be stated in a non-negotiable transport document  or incorporated in a non-negotiable electronic transport record.
If so stated or  incorporated, such variations shall be signed in accordance with article 38. Article 55 Providing additional information, instructions or documents to carrier 1.
The controlling party, on request of the carrier or a performing party, shall  provide in a timely manner information, instructions or documents relating  to the goods not yet provided by the shipper and not otherwise reasonably  available to the carrier that the carrier may reasonably need to perform its  obligations under the contract of carriage. 2. If the carrier, after reasonable effort, is unable to locate the controlling party  or the controlling party is unable to provide adequate information, instructions  or documents to the carrier, the shipper shall provide them. If the carrier, after  reasonable effort, is unable to locate the shipper, the documentary shipper shall  provide such information, instructions or documents. Article 56
Variation by agreement The parties to the contract of carriage may vary the effect of articles 50,  subparagraphs 1 (b) and (c), 50, paragraph 2, and 52.
The parties may also  restrict or exclude the transferability of the right of control referred to in article  51, subparagraph 1 (b). Chapter 11 Transfer of rights Article 57
When a negotiable transport document or negotiable electronic transport record is issued 1.
When a negotiable transport document is issued, the holder may transfer  the rights incorporated in the document by transferring it to another person: (a) Duly endorsed either to such other person or in blank, if an order  document;
or 38 (b) Without endorsement, if: (i) a bearer document or a blank endorsed  document; or (ii) a document made out to the order of a named person and the  transfer is between the ifrst holder and the named person. 2.
When a negotiable electronic transport record is issued, its holder may  transfer the rights incorporated in it, whether it be made out to order or to  the order of a named person, by transferring the electronic transport record in  accordance with the procedures referred to in article 9, paragraph 1. Article 58 Liability of holder 1. Without prejudice to article 55, a holder that is not the shipper and that  does not exercise any right under the contract of carriage does not assume any  liability under the contract of carriage solely by reason of being a holder. 2.
A holder that is not the shipper and that exercises any right under the contract of carriage assumes any liabilities imposed on it under the contract of carriage to the extent that such liabilities are incorporated in or ascertainable from  the negotiable transport document or the negotiable electronic transport record. 3. For the purposes of paragraphs 1 and 2 of this article, a holder that is not  the shipper does not exercise any right under the contract of carriage solely  because: (a) It agrees with the carrier, pursuant to article 10, to replace a negotiable transport document by a negotiable electronic transport record or to replace  a negotiable electronic transport record 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’s liability for breaches  of its obligations under this Convention is limited to 875 units of account per  package or other shipping unit, or 3 units of account per kilogram of the gross  weight of the goods that are the subject of the claim or dispute, whichever  amount is the higher, except when the value of the goods has been declared by 39 the shipper and included in the contract particulars, or when a higher amount  than the amount of limitation of liability set out in this article has been agreed  upon between the carrier and the shipper. 2. When goods are carried in or on a container, pallet or similar article of  transport used to consolidate goods, or in or on a vehicle, the packages or shipping units enumerated in the contract particulars as packed in or on such article  of transport or vehicle are deemed packages or shipping units.
If not so enumerated, the goods in or on such article of transport or vehicle are deemed one  shipping unit. 3. The unit of account referred to in this article is the Special Drawing Right  as deifned by the International Monetary Fund. The amounts referred to in this  article are to be converted into the national currency of a State according to the  value of such currency at the date of judgement or award or the date agreed  upon by the parties. The value of a national currency, in terms of the Special  Drawing Right, of a Contracting State that is a member of the International  Monetary Fund is to be calculated in accordance with the method of valuation  applied by the International Monetary Fund in effect at the date in question for  its operations and transactions.
The value of a national currency, in terms of  the Special Drawing Right, of a Contracting State that is not a member of the  International Monetary Fund is to be calculated in a manner to be determined  by that State. Article 60 Limits of liability for loss caused by delay Subject to article 61, paragraph 2, compensation for loss of or damage to  the goods due to delay shall be calculated in accordance with article 22 and liability for economic loss due to delay is limited to an amount equivalent to two  and one-half times the freight payable on the goods delayed. The total amount  payable pursuant to this article and article 59, paragraph 1, may not exceed the  limit that would be established pursuant to article 59, paragraph 1, in respect of  the total loss of the goods concerned.
Article 61 Loss of the beneift of limitation of liability 1.
Neither the carrier nor any of the persons referred to in article 18 is entitled  to the beneift of the limitation of liability as provided in article 59, or as provided  in the contract of carriage, if the claimant proves that the loss resulting from  the breach of the carrier’s obligation under this Convention was attributable to 40 a personal act or omission of the person claiming a right to limit done with the  intent to cause such loss or recklessly and with knowledge that such loss would  probably result. 2. Neither the carrier nor any of the persons mentioned in article 18 is entitled  to the beneift of the limitation of liability as provided in article 60 if the claimant proves that the delay in delivery resulted from a personal act or omission of  the person claiming a right to limit done with the intent to cause the loss due to  delay or recklessly and with knowledge that such loss would probably result.
Chapter 13 Time for suit Article 62 Period of time for suit 1.
No judicial or arbitral proceedings in respect of claims or disputes arising  from a breach of an obligation under this Convention may be instituted after the  expiration of a period of two years. 2. The period referred to in paragraph 1 of this article commences on the day  on which the carrier has delivered the goods or, in cases in which no goods have  been delivered or only part of the goods have been delivered, on the last day  on which the goods should have been delivered. The day on which the period  commences is not included in the period. 3.
Notwithstanding the expiration of the period set out in paragraph 1 of this  article, one party may rely on its claim as a defence or for the purpose of set-off  against a claim asserted by the other party. Article 63 Extension of time for suit The period provided in article 62 shall not be subject to suspension or  interruption, but the person against which a claim is made may at any time during the running of the period extend that period by a declaration to the claimant. This period may be further extended by another declaration or declarations.
41 Article 64 Action for indemnity An action for indemnity by a person held liable may be instituted after  the expiration of the period provided in article 62 if the indemnity action is  instituted within the later of:
(a) The time allowed by the applicable law in the jurisdiction where  proceedings are instituted; or
(b) Ninety days commencing from the day when the person instituting  the action for indemnity has either settled the claim or been served with process  in the action against itself, whichever is earlier. Article 65
Actions against the person identiifed as the carrier An action against the bareboat charterer or the person identiifed as the carrier pursuant to article 37, paragraph 2, may be instituted after the expiration of  the period provided in article 62 if the action is instituted within the later of: (a) The time allowed by the applicable law in the jurisdiction where  proceedings are instituted; or (b) Ninety days commencing from the day when the carrier has been  identiifed, or the registered owner or bareboat charterer has rebutted the  presumption that it is the carrier, pursuant to article 37, paragraph 2.
Chapter 14 Jurisdiction Article 66 Actions against the carrier
Unless the contract of carriage contains an exclusive choice of court agreement that complies with article 67 or 72, the plaintiff has the right to institute  judicial proceedings under this Convention against the carrier:
(a) In a competent court within the jurisdiction of which is situated one  of the following places: (i) The domicile of the carrier; (ii) The place of receipt agreed in the contract of carriage;
42 (iii) The place of delivery agreed in the contract of carriage; or (iv) The port where the goods are initially loaded on a ship or the port  where the goods are ifnally discharged from a ship;
or (b) In a competent court or courts designated by an agreement between  the shipper and the carrier for the purpose of deciding claims against the carrier  that may arise under this Convention. Article 67 Choice of court agreements 1.
The jurisdiction of a court chosen in accordance with article 66, subparagraph (b), is exclusive for disputes between the parties to the contract only if the  parties so agree and the agreement conferring jurisdiction: (a) Is contained in a volume contract that clearly states the names and  addresses of the parties and either (i) is individually negotiated or (ii) contains  a prominent statement that there is an exclusive choice of court agreement and  speciifes the sections of the volume contract containing that agreement; and (b) Clearly designates the courts of one Contracting State or one or more  speciifc courts of one Contracting State. 2.
A person that is not a party to the volume contract is bound by an exclusive  choice of court agreement concluded in accordance with 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 or electronic  transport record; (c) That person is given timely and adequate notice of the court where  the action shall be brought and that the jurisdiction of that court is exclusive; and
(d) The law of the court seized recognizes that that person may be bound  by the exclusive choice of court agreement. Article 68 Actions against the maritime performing party
The plaintiff has the right to institute judicial proceedings under this  Convention against the maritime performing party in a competent court within  the jurisdiction of which is situated one of the following places: 43 (a) The domicile of the maritime performing party; or (b) The port where the goods are received by the maritime performing  party, the port where the goods are delivered by the maritime performing party  or the port in which the maritime performing party performs its activities with  respect to the goods.
Article 69 No additional bases of jurisdiction
Subject to articles 71 and 72, no judicial proceedings under this Convention against the carrier or a maritime performing party may be instituted in a  court not designated pursuant to article 66 or 68. Article 70 Arrest and provisional or protective measures Nothing in this Convention affects jurisdiction with regard to provisional  or protective measures, including arrest. A court in a State in which a provisional or protective measure was taken does not have jurisdiction to determine  the case upon its merits unless:
(a) The requirements of this chapter are fuliflled; or (b) An international convention that applies in that State so provides. Article 71 Consolidation and removal of actions
1. Except when there is an exclusive choice of court agreement that is binding  pursuant to article 67 or 72, if a single action is brought against both the carrier and the maritime performing party arising out of a single occurrence, the  action may be instituted only in a court designated pursuant to both article 66  and article 68. If there is no such court, such action may be instituted in a court  designated pursuant to article 68, subparagraph (b), if there is such a court. 2. Except when there is an exclusive choice of court agreement that is binding pursuant to article 67 or 72, a carrier or a maritime performing party that  institutes an action seeking a declaration of non-liability or any other action  that would deprive a person of its right to select the forum pursuant to article  66 or 68 shall, at the request of the defendant, withdraw that action once the  defendant has chosen a court designated pursuant to article 66 or 68, whichever  is applicable, where the action may be recommenced.
44 Article 72 Agreement after a dispute has arisen and jurisdiction when the defendant has entered an appearance 1. After a dispute has arisen, the parties to the dispute may agree to resolve it  in any competent court.
2. A competent court before which a defendant appears, without contesting  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 having jurisdiction  under this Convention shall be recognized and enforced in another Contracting  State in accordance with the law of such latter Contracting State when both  States have made a declaration in accordance with article 74. 2. A court may refuse recognition and enforcement based on the grounds for  the refusal of recognition and enforcement available pursuant to its law. 3. This chapter shall not affect the application of the rules of a regional economic integration organization that is a party to this Convention, as concerns  the recognition or enforcement of judgements as between member States of the  regional economic integration organization, whether adopted before or after  this Convention.
Article 74 Application of chapter 14 The provisions of this chapter shall bind only Contracting States that  declare in accordance with article 91 that they will be bound by them. Chapter 15 Arbitration Article 75
Arbitration agreements 1. Subject to this chapter, parties may agree that any dispute that may arise  relating to the carriage of goods under this Convention shall be referred to  arbitration. 45
2. The arbitration proceedings shall, at the option of the person asserting a  claim against the carrier, take place at: (a) Any place designated for that purpose in the arbitration agreement; or
(b) Any other place situated in a State where any of the following 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 or the port  where the goods are ifnally discharged from a ship. 3.
The designation of the place of arbitration in the agreement is binding for  disputes between the parties to the agreement if the agreement is contained in  a v
olume contract that clearly states the names and addresses of the parties and  either: (a) Is individually negotiated; or
(b) Contains a prominent statement that there is an arbitration agreement  and speciifes the sections of the volume contract containing the arbitration  agreement. 4. When an arbitration agreement has been concluded in accordance with  paragraph 3 of this article, a person that is not a party to the volume contract is  bound by the designation of the place of arbitration in that agreement only if: (a) The place of arbitration designated in the agreement is situated in one  of the places referred to in subparagraph 2 (b) of this article; (b) The agreement is contained in the transport document or electronic  transport record;
(c) The person to be bound is given timely and adequate notice of the  place of arbitration; and (d) Applicable law permits that person to be bound by the arbitration  agreement.
5. The provisions of paragraphs 1, 2, 3 and 4 of this article are deemed to be  part of every arbitration clause or agreement, and any term of such clause or  agreement to the extent that it is inconsistent therewith is void. 46
Article 76 Arbitration agreement in non-liner transportation
1. Nothing in this Convention affects the enforceability of an arbitration  agreement in a contract of carriage in non-liner transportation to which this  Convention or the provisions of this Convention apply by reason of:
(a) The application of article 7; or (b) The parties’ voluntary incorporation of this Convention in a contract  of carriage that would not otherwise be subject to this Convention. 2.
Notwithstanding paragraph 1 of this article, an arbitration agreement in  a transport document or electronic transport record to which this Convention  applies by reason of the application of article 7 is subject to this chapter unless  such a transport document or electronic transport record: (a) Identiifes the parties to and the date of the charter party or other  contract excluded from the application of this Convention by reason of the  application of article 6; and (b) Incorporates by speciifc reference the clause in the charter party or  other contract that contains the terms of the arbitration agreement. Article 77
Agreement to arbitrate after a dispute has arisen Notwithstanding the provisions of this chapter and chapter 14, after a dispute has arisen the parties to the dispute may agree to resolve it by arbitration  in any place.
Article 78 Application of chapter 15 The provisions of this chapter shall bind only Contracting States that  declare in accordance with article 91 that they will be bound by them. Chapter 16 Validity of contractual terms
Article 79 General provisions 1. Unless otherwise provided in this Convention, any term in a contract of  carriage is void to the extent that it: 47
(a) Directly or indirectly excludes or limits the obligations of the carrier  or a maritime performing party under this Convention; (b) Directly or indirectly excludes or limits the liability of the carrier or  a maritime performing party for breach of an obligation under this Convention;al final del requisito i);
or (c) Assigns a beneift of insurance of the goods in favour of the carrier or  a person referred to in article 18. 2. Unless otherwise provided in this Convention, any term in a contract of  carriage is void to the extent that it:
(a) Directly or indirectly excludes, limits or increases the obligations  under this Convention of the shipper, consignee, controlling party, holder or  documentary shipper; or
(b) Directly or indirectly excludes, limits or increases the liability of the  shipper, consignee, controlling party, holder or documentary shipper for breach  of any of its obligations under this Convention. Article 80 Special rules for volume contracts 1. Notwithstanding article 79, as between the carrier and the shipper, a volume contract to which this Convention applies may provide for greater or lesser  rights, obligations and liabilities than those imposed by this Convention.
2. A derogation pursuant to paragraph 1 of this article is binding only when:
(a) The volume contract contains a prominent statement that it derogates  from this Convention; (b) The volume contract is (i) individually negotiated or (ii) prominently  speciifes the sections of the volume contract containing the derogations; (c) The shipper is given an opportunity and notice of the opportunity to  conclude a contract of carriage on terms and conditions that comply with this  Convention without any derogation under this article; and (d) The derogation is neither (i) incorporated by reference from another  document nor (ii) included in a contract of adhesion that is not subject to  negotiation.
48 3.
A carrier’s public schedule of prices and services, transport document,  electronic transport record or similar document is not a volume contract pursuant to paragraph 1 of this article, but a volume contract may incorporate such  documents by reference as terms of the contract. 4. Paragraph 1 of this article does not apply to rights and obligations  provided in articles 14, subparagraphs (a) and (b), 29 and 32 or to liability arising  from the breach thereof, nor does it apply to any liability arising from an act or  omission referred to in article 61. 5. The terms of the volume contract that derogate from this Convention, if the  volume contract satisifes the requirements of paragraph 2 of this article, apply  between the carrier and any person other than the shipper provided that:
(a) Such person received information that prominently states that the  volume contract derogates from this Convention and gave its express consent to  be bound by such derogations;
and (b) Such consent is not solely set forth in a carrier’s public schedule of  prices and services, transport document or electronic transport record.
6. The party claiming the beneift of the derogation bears the burden of proof  that the conditions for derogation have been fuliflled. Article 81 Special rules for live animals and certain other goods
Notwithstanding article 79 and without prejudice to article 80, the contract  of carriage may exclude or limit the obligations or the liability of both the  carrier and a maritime performing party if:
(a) The goods are live animals, but any such exclusion or limitation will  not be effective if the claimant proves that the loss of or damage to the goods, or  delay in delivery, resulted from an act or omission of the carrier or of a person  referred to in article 18, done with the intent to cause such loss of or damage to  the goods or such loss due to delay or done recklessly and with knowledge that  such loss or damage or such loss due to delay would probably result; or (b) The character or condition of the goods or the circumstances and  terms and conditions under which the carriage is to be performed are such as  reasonably to justify a special agreement, pro vided that such contract of car riage is not related to ordinary commercial shipments made in the ordinary  course of trade and that no negotiable transport document or negotiable  electronic transport record is issued for the carriage of the goods.
49 Chapter 17 Matters not governed by this Convention Article 82
International conventions governing the carriage of goods by other modes of transport Nothing in this Convention affects the application of any of the following  international conventions in force at the time this Convention enters into force,  including any future amendment to such conventions, that regulate the liability  of the carrier for loss of or damage to the goods: (a) Any convention governing the carriage of goods by air to the extent  that such convention according to its provisions applies to any part of the  contract of carriage; (b) Any convention governing the carriage of goods by road to the extent  that such convention according to its provisions applies to the carriage of goods  that remain loaded on a road cargo vehicle carried on board a ship; (c) Any convention governing the carriage of goods by rail to the extent  that such convention according to its provisions applies to carriage of goods by  sea as a supplement to the carriage by rail;
or (d) Any convention governing the carriage of goods by inland waterways to the extent that such convention according to its provisions applies to a  carriage of goods without trans-shipment both by inland waterways and sea.
Article 83 Global limitation of liability Nothing in this Convention affects the application of any international convention or national law regulating the global limitation of liability of vessel  owners. Article 84 General average
Nothing in this Convention affects the application of terms in the contract  of carriage or provisions of national law regarding the adjustment of general  average. 50 Article 85 Passengers and luggage
This Convention does not apply to a contract of carriage for passengers and  their luggage. Article 86
Damage caused by nuclear incident No liability arises under this Convention for damage caused by a nuclear  incident if the operator of a nuclear installation is liable for such damage: (a) Under the Paris Convention on Third Party Liability in the Field of  Nuclear Energy of 29 July 1960 as amended by the Additional Protocol of 28  January 1964 and by the Protocols of 16 November 1982 and 12 February 2004,  the Vienna Convention on Civil Liability for Nuclear Damage of 21 May 1963  as amended by the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention of 21 September 1988 and as amended by the  Protocol to Amend the 1963 Vienna Convention on Civil Liability for Nuclear  Damage of 12 September 1997, or the Convention on Supplementary Compensation for Nuclear Damage of 12 September 1997, including any amendment  to these conventions and any future convention in respect of the liability of the  operator of a nuclear installation for damage caused by a nuclear incident; or (b) Under national law applicable to the liability for such damage,  provided that such law is in all respects as favourable to persons that may suffer  damage as either the Paris or Vienna Conventions or the Convention on  Supplementary Compensation for Nuclear Damage.
Chapter 18 Final clauses Article 87 Depositary The Secretary-General of the United Nations is hereby designated as the  depositary of this Convention. Article 88 Signature, ratiifcation, acceptance, approval or accession
1. This Convention is open for signature by all States at Rotterdam, the  Netherlands, on 23 September 2009, and thereafter at the Headquarters of the  United Nations in New York. 51
2. This Convention is subject to ratiifcation, acceptance or approval by the  signatory States. 3. This Convention is open for accession by all States that are not signatory  States as from the date it is open for signature.
4. Instruments of ratiifcation, acceptance, approval and accession are to be  deposited with the Secretary-General of the United Nations. Article 89 Denunciation of other conventions 1.
A State that ratiifes, accepts, approves or accedes to this Convention and  is a party to the International Convention for the Uniifcation of certain Rules  of Law relating to Bills of Lading signed at Brussels on 25 August 1924, to the  Protocol to amend the International Convention for the Uniifcation of certain  Rules of Law relating to Bills of Lading, signed at Brussels on 23 February  1968, or to the Protocol to amend the International Convention for the Uniifcation of certain Rules of Law relating to Bills of Lading as Modiifed by the  Amending Protocol of 23 February 1968, signed at Brussels on 21 December  1979, shall at the same time denounce that Convention and the protocol or protocols thereto to which it is a party by notifying the Government of Belgium to  that effect, with a declaration that the denunciation is to take effect as from the  date when this Convention enters into force in respect of that State. 2. A State that ratiifes, accepts, approves or accedes to this Convention and  is a party to the United Nations Convention on the Carriage of Goods by Sea  concluded at Hamburg on 31 March 1978 shall at the same time denounce that  Convention by notifying the Secretary-General of the United Nations to that  effect, with a declaration that the denunciation is to take effect as from the date  when this Convention enters into force in respect of that State. 3. For the purposes of this article, ratiifcations, acceptances, approvals and  accessions in respect of this Convention by States parties to the instruments  listed in paragraphs 1 and 2 of this article that are notiifed to the depositary after  this Convention has entered into force are not effective until such denunciations  as may be required on the part of those States in respect of these instruments  have become effective.
The depositary of this Convention shall consult with  the Government of Belgium, as the depositary of the instruments referred to  in paragraph 1 of this article, so as to ensure necessary coordination in this  respect. 52
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 made at any time. The initial declarations permitted by article 92, paragraph 1, and article 93,  paragraph 2, shall be made at the time of signature, ratiifcation, acceptance,  approval or accession. No other declaration is permitted under this Convention.y en la cuarta línea suprímase el punto y coma al final del requisito ii).
2. Declarations made at the time of signature are subject to conifrmation upon  ratiifcation, acceptance or approval. 3. Declarations and their conifrmations are to be in writing and to be formally  notiifed to the depositary. 4.
A declaration takes effect simultaneously with the entry into force of this  Convention in respect of the State concerned. However, a declaration of which  the depositary receives formal notiifcation after such entry into force takes  effect on the ifrst day of the month following the expiration of six months after  the date of its receipt by the depositary. 5. Any State that makes a declaration under this Convention may withdraw  it at any time by a formal notiifcation in writing addressed to the depositary. The withdrawal of a declaration, or its modiifcation where permitted by this  Convention, takes effect on the ifrst day of the month following the expiration  of six months after the date of the receipt of the notiifcation by the depositary.
Article 92 Effect in domestic territorial units 1.
If a Contracting State has two or more territorial units in which different systems of law are applicable in relation to the matters dealt with in this  Convention, it may, at the time of signature, ratiifcation, acceptance, approval  or accession, declare that this Convention is to extend to all its territorial units  or only to one or more of them, and may amend its declaration by submitting  another declaration at any time. 2. These declarations are to be notiifed to the depositary and are to state  expressly the territorial units to which the Convention extends. 53 3.
When a Contracting State has declared pursuant to this article that this  Convention extends to one or more but not all of its territorial units, a place  located in a territorial unit to which this Convention does not extend is not  considered to be in a Contracting State for the purposes of this Convention. 4. If a Contracting State makes no declaration pursuant to paragraph 1 of this  article, the Convention is to extend to all territorial units of that State. Article 93 Participation by regional economic integration organizations
1.
A regional economic integration organization that is constituted by  sovereign States and has competence over certain matters governed by this  Convention may similarly sign, ratify, accept, approve or accede to this  Convention. The regional economic integration organization shall in that case  have the rights and obligations of a Contracting State, to the extent that that  organization has competence over matters governed by this Convention. When  the number of Contracting States is relevant in this Convention, the regional  economic integration organization does not count as a Contracting State in  addition to its member States which are Contracting States. 2. The regional economic integration organization shall, at the time of signature, ratiifcation, acceptance, approval or accession, make a declaration to  the depositary specifying the matters governed by this Convention in respect  of which competence has been transferred to that organization by its member  States.
The regional economic integration organization shall promptly notify  the depositary of any changes to the distribution of competence, including new  transfers of competence, speciifed in the declaration pursuant to this paragraph.
3. Any reference to a “Contracting State” or “Contracting States” in this Convention applies equally to a regional economic integration organization when  the context so requires. Article 94 Entry into force 1.
This Convention enters into force on the ifrst day of the month following  the expiration of one year after the date of deposit of the twentieth instrument  of ratiifcation, acceptance, approval or accession. 2. For each State that becomes a Contracting State to this Convention after  the date of the deposit of the twentieth instrument of ratiifcation, acceptance,  approval or accession, this Convention enters into force on the ifrst day of the 54 month following the expiration of one year after the deposit of the appropriate  instrument on behalf of that State.
3. Each Contracting State shall apply this Convention to contracts of carriage  concluded on or after the date of the entry into 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 Contracting States to this  Convention, the Secretary-General of the United Nations shall convene a  conference of the Contracting States for revising or amending it. 2. Any instrument of ratiifcation, acceptance, approval or accession deposited after the entry into force of an amendment to this Convention is deemed to  apply to the Convention as amended.Nota: en el presente texto se indican las correcciones técnicas comunicadas en la Notificación al Depositario C.N.563.2012.TREATIES-XI.D.8 y realizadas en la Notificación al Depositario C.N.105.2013.TREATIES-XI.D.8.
Article 96 Denunciation of this Convention 1. A Contracting State may denounce this Convention at any time by means  of a notiifcation in writing addressed to the depositary. 2.
The denunciation takes effect on the ifrst day of the month following the  expiration of one year after the notiifcation is received by the depositary. If a  longer period is speciifed in the notiifcation, the denunciation takes effect upon  the expiration of such longer period after the notiifcation is received by the  depositary. DONE at New York, this eleventh day of December two thousand and eight, 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 duly  authorized by their respective Governments, have signed this Convention. *1403663*
UNITED NATIONS United Nations Convention on  Contracts for the International  Carriage of Goods Wholly or  Partly by Sea V.14-03633 ISBN 978-92-1-133672-6