INTERNATIONAL CONVENTION
ON CERTAIN RULES CONCERNING CIVIL JURISDICTION IN MATTERS OF COLLISION
(Brussels,
10.V.1952)
The
High Contracting Parties,
Having
recognized the advisability of establishing by agreement certain uniform rules
relating to civil jurisdiction in matters of collision,
Have
decided to conclude a convention for this purpose and thereto have agreed as
follows:
1.
An action for collision occurring between seagoing vessels, or between seagoing
vessels and inland navigation craft, can only be introduced:
a) either before the Court
where the defendant has his habitual residence or a place of business;
b) or before the Court of
the place where arrest has been effected of the defendant ship or of any other
ship belonging to the defendant which can be lawfully arrested, or where arrest
could have been effected and bail or other security has been furnished;
c) or before the Court of
the place of collision when the collision has occurred within the limits of a
port or inland waters.
2.
It shall be for the plaintiff to decide in which of the Courts referred to in
1 of this Article the action shall be instituted.
3.
A claimant shall not be allowed to bring a further action against the same
defendant on the same facts in another jurisdiction, without discontinuing an
action already instituted.
The
provisions of Article 1 shall not in any way prejudice the right of the Parties
to bring an action in respect of a collision before a Court they have chosen by
agreement or to refer it to arbitration.
1.
Counterclaims arising out of the same collision can be brought before the Court
having jurisdiction over the principal action in accordance with the provisions
of Article 1.
2.
In the event of there being several claimants, any claimant may bring his
action before the Court previously seized of an action against the same party
arising out of the same collision.
3.
In the case of a collision or collisions in which two or more vessels are
involved nothing in this Convention shall prevent any Court seized of an action
by reason of the provisions of this Convention, from exercising jurisdiction
under its national laws in further actions arising out of the same incident.
This
Convention shall also apply to an action for damage caused by one ship to
another or to the property or person on board such ships through the carrying
out of the omission to carry out a manoeuvre or through non-compliance with
regulations even when there has been no actual collision.
Nothing
contained in this Convention shall modify the rules of law now or hereafter in
force in the various Contracting States in regard to collisions involving
warships or vessels owned by or in the service of a State.
This
Convention does not affect claims arising from contracts of carriage or from
any other contracts.
This
Convention shall not apply in cases covered by the provisions of the revised
Rhine Navigation Convention of 17, October 1868.
The
provisions of this Convention shall be applied as regards all persons
interested when all the vessels concerned in any action belong to States of the
High Contracting Parties.
Provided
always that:
1. As regards persons
interested who belong to a non-contracting State the application of the above
provisions may be made by each of the Contracting States conditional upon
reciprocity;
2. Where all the persons
interested belong to the same State as the court trying, the case, the
provisions of the national law and not of the Convention are applicable.
The
High Contracting Parties undertake to submit to arbitration any disputes
between States arising out of the interpretation or application of this
Convention, out this shall be without prejudice to the obligations of those
High Contracting Parties who have agreed to submit their disputes to the
International Court of Justice.
This
Convention shall be open for signature by the States represented at the Ninth
Diplomatic Conference on Maritime Law. The protocol of signature shall be drawn
up through the good offices of the Belgian Ministry of Foreign Affairs.
This
Convention shall be ratified and the instruments of ratification shall be
deposited with the Belgian Ministry of Foreign Affairs which shall notify all
signatory and acceding States of the deposit of any such instruments.
a)
This Convention shall come into force between the two States which first ratify
it six months after the date of the deposit of the second instrument of
ratification.
b)
This Convention shall come into force in respect of each signatory State which
ratifies it after the deposit of the second instrument of ratification six
months after the date of the deposit of the instrument of ratification of that
State.
Any
State not represented at the Ninth Diplomatic Conference on Maritime Law may
accede to this Convention.
The
accession of any State shall be notified to the Belgian Ministry of Foreign
Affairs which shall inform through diplomatic channels all signatory and
acceding States of such notification.
The
Convention shall come into force in respect of the acceding State six months
after the date of the receipt of such notification but not before the
Convention has come into force in accordance with the provisions of Article 12
a).
Any
High Contracting Party may three years after the coming into force of this
Convention in respect of such High Contracting Party or at any time thereafter
request that a Conference be convened in order to consider amendments to the
Convention.
Any
High Contracting Party proposing to avail itself of this right shall notify the
Belgian Government which shall convene the Conference within six months
thereafter.
Any
High Contracting Party shall have the right to denounce this Convention at any
time after the coming into force thereof in respect of such High Contracting
Party. This denunciation shall take effect one year after the date on which
notification thereof has been received by the Belgian Government which shall
inform through diplomatic channels all the other High Contracting Parties of
such notification.
a)
Any High Contracting Party may at the time of its ratification of or accession
to this Convention or at any time thereafter