Hague Rules Hague-Visby Hamburg Rules Rotterdam Rules

1924 Rules 1968 1978 2009

Scope of Bills of Lading • B/L issued in a • B/L issued in a Contracts of
application issued contracting contracting state carriage where any
in a contracting state • Carriage to or of the following
state • Carriage is from a contracting places are
from a state located in a
Port in a • If B/L provides for contracting state:
contracting Rules to apply • Place of receipt
state • Port of loading
• Contracts of • Place of delivery
carriage • Port of discharge
which
incorporate
the Rules
Geographical Covers the period Same as hague Carrier responsible In addition to sea
application from the time rules while “in charge” of carriage:
when the goods the • Stevedoring /
are loaded on the goods at port of terminal storage
ship until loading, during the services
they are carriage, • Freight-
discharged from and at port of forwarding
the ship. discharge i.e. services
normally from 1. Domestic inland
time goods are road and rail
taken over from the carriage
shipper 2. Inland water
to time delivered to carriage
the consignee 3. International
inland road and
rail.
(1,2,3 applies -- if
no competing
convention
applies)
Which Contracts of Same as hague “Any contract of Contracts of
contracts are carriage covered rules carriage whereby carriage of goods
covered? by a B/L or any the carrier by sea against a
similar document undertakes against payment of
of title, or payment of freight freight,
when such is to which may include
issued under or carry goods by sea carriage by other
pursuant to a from one port to modes of
Charterparty from another”. transport in
the moment Need not be a B/L addition to
at which such or document of carraige by sea.
document of title title. Includes
regulates the Excludes “transport
 relations between charterparties documents” and
a carrier (unless rules are “electronic
and a holder of the incorporated). transport records”.
same. Excludes
charterparties
(unless rules are
incorporated).
Who is the Owner or charterer Same as hague “Any person by A person who
carrier? “who enters into rules whom or in whose enters into a
contract of name a contract of
carriage with a contract of carriage carriage with a
shipper”. has been concluded shipper.
with a shipper”. Inclusion of a
Covers “actual” and “Performing party”
“contractual” and a “Maritime
carrier. performing party”.
Deck cargo Excluded from Same as hague Rules do not Goods may be
Rules if stated to rules expressly exclude carried on deck if:
be carried on deck cargo. • Such carriage is
deck on face of Carrier can required by law
B/L. undertake deck • Carried in
Undeclared deck carriage if containers or
carriage may affect agreed with shipper vehicles fit for
carrier’s or in accordance deck carriage and
ability to rely on with the decks
defences, although the usage of a are specially fitted
the carrier particular trade in to carry such
may still rely on which case containers or
package limitation. B/L should so state vehicles
that goods are • Carriage on deck
carried is in accordance
on deck. with the contract
Carrier liable for of carriage,
unauthorised deck customs/usages
carriage and practices of
if carried on-deck the trade in
contrary to express question
agreement, and can Note: If goods
be deprived from its carried on deck in
defences and cases not
limitations of permitted by
liability. above and
damage/loss is
caused exclusively
by such deck
carriage, carrier
not
entitled to its
 defences.
If carrier agreed to
carry the goods
under-deck and
carries them on
deck which causes
loss/damage,
carrier not entitled
to its limitations
of liability.
Delivery of Rules are silent – Same as hague Carrier responsible Carrier’s obligation
the goods No express rules until continues until
obligation to goods are delivered delivery.
deliver goods to the
beyond the port consignee
of discharge,
however, the
carrier can
contract to do so.
Law and No express Same as hague Claimant may Claimant may
Jurisdiction/ provisions. rules choose where to choose where to
Arbitration commence commence
proceedings: proceedings:
• Place where • Domicile of the
defendant has carrier
principal place • Place of receipts
of business • Place of delivery
• Place where • Port of initial
contract was made load or final
• Port of loading discharge
• Port of discharge • At any court
• Place specified in named in an
arbitration clause. agreed non-
Arbitration exclusive
agreement jurisdiction clause
permitted. If Parties can also
incorporating agree arbitration
charterparty after a dispute has
arbitration arisen.
clause, must be
incorporated in the
B/L.
12 months 12 months 2 years unless Litigation or
Limitation Indemnity judicial or arbitral arbitration to be
of action/ actions may proceedings have commenced
Time-bar be brought after been instituted. within 2 years
the one from date of
year, see Art III, delivery or when
 6bis goods should have
been delivered.
(claims by cargo
interests or
carrier).
Indemnity
proceedings may
be commenced
after this period
(at least
90 days from date
of commencement
of action against
carrier).
Carrier’s Carrier must Same as hague Carrier, his servants Same as Hague-
general duty exercise due rules and agents must Visby Rules
of care diligence before take however the
and at beginning of all measures that carrier’s obligation
voyage to: could reasonably be to
• make ship required to avoid exercise due
seaworthy the event causing diligence to make
• properly man, loss and the ship seaworthy
equip and supply its consequences. is extended to
the ship cover the entire
• make holds etc. voyage. It is now
fit and safe for “to make and keep
reception, carriage the ship
and preservation seaworthy”.
of cargo It also includes an
Carrier must obligation “to
properly and deliver” the goods
carefully load,
handle, stow,
carry, keep, care
for
and discharge
goods.
Carrier’s • Act, neglect, or Same as hague No specific list of Additional
defences default of the rules defences. defences to those
master, mariner, Carrier must prove listed in the
pilot or the he, his servants or Hague-Visby Rules
servants of the agents, include:
carrier in the took all measures • War hostilities,
navigation or in the that could armed conflict,
management of reasonably be piracy, terrorism
the ship required to avoid • Loading,
• Fire, unless the occurrence and handling, stowing,
caused by the its or unloading of
 actual fault or consequences the goods, unless
privity of the the
carrier carrier or a
• Perils, dangers performing party
and accidents of performs such
the sea or other activity on behalf
navigable waters of the
• Act of God shipper or the
• Act of war consignee
• Act of enemies • Reasonable
• Arrest or measures to save
restraint of or attempt to save
princes, rulers or property at sea
people, or seizure • Reasonable
under legal process measures to avoid
• Quarantine or attempt to
restrictions avoid damage to
• Act or omission the
of the shipper or environment
owner of the • Acts of the
goods, his agent or carrier in
Representative. pursuance of the
• Strikes or powers conferred
lockouts, or by articles
stoppage or 15 and 16 (in
restraint of labour relation to goods
from whatever that may become
cause dangerous and
• Riots and civil need to be
commotions sacrificed for the
• Saving life or common safety)
attempting to save “Error of
life navigation”
defence and “any
other cause”
defence have
been removed.
Notification of Notice of loss or Same as hague In writing to the Notice of loss to
damage damage must be rules carrier: be given at the
given in writing to • by the working time of delivery, or
the carrier or his day following if the loss/damage
agent delivery to is not apparent
before or at the consignee then within 7
time of delivery, or • within 15 days of working days. Such
within 3 days delivery where notice is not
where damage is damage required
not is latent when loss/damage
apparent. Notice of delay is ascertained by
 must be given way of a joint
within 60 days inspection/survey.
of delivery. Failure to provide
notice shall not
affect the right to
claim
compensation nor
the allocation of
burden of proof.
No compensation
for delay if notice
given after 21 days
of delivery.
Limitation of 100 pounds 2 SDRs per kg or 2.5 SDRs per kg or 3 SDRs per kg or
Liability sterling 666.67 SDRs per 835 SDRs package 875 SDRs package
per package or unit package – or or shipping unit –
whichever shipping unit – whichever
is higher whichever is the is the higher
higher.
Liability Rules are silent. Same as hague 2.5 times freight Liability for
for delay rules payable on goods economic loss due
delayed, to delay is limited
subject to upper to an amount
limit of total freight equivalent to 2.5
on all times the freight
goods or amount of payable on the
limitation if goods goods delayed.
have The total amount
been lost or payable not to
destroyed. exceed the limits
of liability under
the rules.
Loss of right No special Right to limit Right to limit lost if The carrier cannot
to limit provisions lost if damage caused by limit if the
liability carrier intends intention, with claimant proves
to cause knowledge that that the loss
loss or is damage resulting
reckless could occur or from the breach of
knowing loss recklessness. Also the carrier’s
would when obligation was
probably result goods are carried attributable to a
on deck contrary to “personal act or
express agreement omission… done
to carry under-deck. with the intent to
cause such loss or
recklessly and with
knowledge that
such loss would
 probably result”.
Damage/loss due
to delay included.
Burden of Shipper must show Same as hague Carrier must prove Detailed wording
Proof cargo was rules that reasonable on how the
delivered to the steps to burden of proof
carrier in good avoid loss were operates.
order and taken unless The carrier is liable
condition but damage is for loss, damage or
received at caused by fire. delay if the
destination in claimant proves
damaged that
condition. A clean such loss, damage,
B/L is delay or event
prima-facie (which was
evidence of this. causative or
Under English law contributed
the claimant must by) took place
establish during the carrier’s
breach of a responsibility for
seaworthiness the goods.
obligation or The carrier is liable
failure to properly if the claimant
and carefully carry proves that loss,
the goods. Once damage or delay
this is established, was caused or
the burden of attributed by a)
proof shifts to the unseaworthiness
carrier of the ship,
to show either due b) improper
diligence or the crewing, equipping
application of one or supplying of the
of the defences. ship,
c) if the holds or
other parts of the
ship (including
containers) were
not fit and safe for
carriage, reception
and preservation
of the goods.
The carrier is
relieved from
liability if it can
prove that the
cause or
one of the causes
is not attributable
 to its fault or the
fault of its
subcontractors,
agents or
employees.
Alternative to
proving absence
of fault, the carrier
must prove that
the damage was
caused by one
of the exceptions
in the list of
defences.

Additional provisions in the Rotterdam Rules:

1. Freedom of contract: There is some freedom of contract under the Rotterdam Rules with respect to
“volume contracts”. These are defined as:“A contract of carriage that provides for the carriage of a
specified quantity of goods in a series of shipments during an agreed period of time”.
Carriers and shippers can agree terms for volume contracts which may increase or decrease the parties’
obligations or limitations of liability (subject to a criteria defined in the rules). However, the carrier can
not exclude his basic obligations to exercise due diligence to make the ship seaworthy and to properly
crew, supply and equip the ship.

2. Rights of the controlling party & Transfer of rights: The new rules include provisions for exercise and
extent of the right of control. The shipper is the controlling party unless he designates another party or
when title is transferred. There are distinctions drawn on the right to transfer depending whether the
document is negotiable, non-negotiable or an electronic document. Also requires all original documents
to be surrendered to effect a transfer of rights.

3. Delivery of the goods: In the Rotterdam Rules the carrier’s obligations continue until delivery, at
minimum, “delivery” takes place upon receipt of the goods for loading or unloading. Apart from
obligations on the carrier “to deliver” the goods, there is also an obligation on the consignee to accept
delivery and to acknowledge receipt. There is a distinction between delivery under non-negotiable
documents (which may or may not require surrender) and negotiable documents. There are also
provisions for undelivered goods.

4. “Maritime Performing Parties”: There is a new concept of a “maritime performing party” which will
be subject to the same rights and obligations as a carrier defined in the Rules. This includes parties such
as stevedores, ports, terminals, freight forwarders, agents, NVOCC’s, etc… “The performing party” would
be caught under the rules if it undertakes activity in a contracting state under an intermodal contract of
carriage as defined by the Rotterdam Rules.