HAGUE HAGUE-VISBY AND HAMBURG RULES

INTRODUCTION

An international sale transaction is in essence a sale of goods

What is its special feature?

Seller and buyer in different countries

Contract of sale

Contract of carriage
Banking contracts Insurance contract Dispute resolution

INTERNATIONAL CARRIAGE
Road

Rail
Air Sea

Multimodal

CARRIAGE OF GOODS BY SEA

INTERNATIONAL CONVENTIONS
Hague Rules Hague-Visby Rules Hamburg Rules

HAGUE RULES

Liability of the carrier under Common Law

Strict Insurer Whether negligent or not

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

Demand for a law to restrict the freedom of the carrier to contract out of his minimum liabilities
in 19th century
UK USA Harter Act, 1893

Australia, 1904
Canada, 1910 New Zealand, 1914

Demand for unification/harmonization

Hague Rules or Brussels Convention of 1924 Hague-Visby Rules, 1968 amending the Hague unit of liability

Brussels Protocol of 1979 amending the HagueVisby unit of liability

Hamburg Rules, 1978

COMPARISON OF HAGUE, HAGUE-VISBY AND HAMBURG RULES

SCOPE OF APPLICATION
Bills of lading
Outward bills of lading Deck cargo Live animals

CARRIERS BASIC RESPONSIBILITY

Hague and Hague-Visby Rules
Sea worthy vessel Care of cargo subject to a list of 17 exemptions

Hamburg Rules
General duty of care while goods are in charge of carrier 1

CONTRACTUAL AND ACTUAL CARRIER

PERIOD OF RESPONSIBILITY
Hague Rules Tackle-to-tackle liability Hague-Visby Rules Tackle-to-tackle liability Hamburg Rules

While the goods are in his charge

DELAY IN DELIVERY
Hague Rules
Implied Hague-Visby Rules

Implied
Hamburg Rules Express Consignee entitled to treat the goods as lost if not delivered within 60 consecutive days

LIMITS OF LIABILITY
Hague Rules

100 pounds per package

Hague-Visby Rules 10,000 francs Poincare per package or 30 francs per kilogramme of gross weight, whichever is higher Brussels Protocol, 1979

666.67 SDR or 2 SDR

Hamburg Rules 835 SDR or 2.5 SDR

INTERPRETATIONAL PROBLEMS
What is a package?
Case law Gulf Italia

S. S. Navigator
Island Yacht Inc. Pacific Bear

Whether container is a package?

Case law Leathers Best

Royal Typewriter
Tindefjell

Clarification in Hague-Visby and Hamburg Rules Bill of lading must state that the container contains n number of packages

NOTICE OF LOSS
Hague Rules

Notice at time of removal of goods if loss is apparent and within 3 days if loss is not apparent
Hague-Visby Rules

Same as Hague Rules

Hamburg Rules Notice on next working day if loss is apparent and within 15 consecutive days if loss is not apparent

LIMITATION OF ACTION
Hague Rules
1 year Hague-Visby Rules

1 year but this period can be extended

Hamburg Rules 2 years and can be extended by declaration or declarations

JURISDICTION

ARBITRATION